LIABILITIES OF THE DIRECTORS By: Course: Instructor: University‚ City‚ State: Date: LIABILITIES OF THE DIRECTORS A company is usually established by individuals or Directors (officers included) in this case so as to run it in appropriate manner in order to make maximum profits. For this to happen‚ it is for the company (Pandora Diamonds and Gems Pty Ltd in our case) to enter or make contracts with outsiders like Kaplan Bank Ltd and Space Solutions Pty
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Strict Liability “The law presumes that mens rea is always required in criminal offences‚ unless it is clear that Parliament intended an offence to be one of strict liability”. Discuss. (25marks) The general principle of criminal law is that the prosecution must establish the presence of both actus reus and mens rea. As the majority of criminal offences are created by statute‚ Parliament will usually indicate the kind of mens rea required
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Liability of Negligence When a person is said to be liable for an action under the law‚ it means that they are responsible in some way for the outcome that results either in the law of a nation to be violated which comes under criminal liability‚ or in an injury to other individuals that is considered to be a civil liability. The main requirement for a liability happens to be intent1‚ which says that‚ an individual is not responsible for something that they did not mean to do. However‚ the Law of
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Criminal Law You have the right to remain silent‚ anything you say can and will be used against you in the court of law. You have the right to an attorney‚ if you cannot afford an attorney one will be provided for you. These famous words came from Miranda vs. Arizona‚ a Supreme Court case that took place March 13‚ 1963 when Ernesto Miranda was arrested by the Phoenix Police Department‚ who failed to advise him of his rights to an attorney and his rights to remain silent. This case has given alleged
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Liability for Omissions The law has historically been reluctant to impose a general liability for omissions as opposed to positive acts. This means that there is no general duty of care in tort to act in order to prevent harm occurring to another. In Smith v Littlewoods Organisation‚ Lord Goff stated clearly that “the common law does not impose liability for what are called pure omissions”. Similarly‚ in Yuen Kun Yeu v A-G of Hong Kong‚ Lord Keith stated that people can ignore their moral responsibilities
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“Prosecutorial Misconduct” Criminal Justice Prof. Denise Duguay‚ MS CJWB 155 January 17‚ 2015 Cassandra Pechi-Wilson Email: cassandraw1974@gmail.com Cell Phone # (860) 940-4130 When you think of a prosecutor‚ you think of a person who is honorable. A person who is committed to helping maintain justice and upholding the law. A prosecutor is supposed to help protect the public by making sure that the “bad guys” go to jail and the innocent go free. However‚ prosecutorial misconduct and misdeeds happen
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lawsuits and litigation from everyone suing everyone else‚ one must ask the question "where does product liability end and consumer responsibility begin?" This question has been further complicated by occurrences that stretch to the most far-reaching ends of this spectrum‚ the spectrum ranging from strict product liability of the company to complete consumer responsibility. On the strict product liability of the company side‚ we have the cigarette industry where the CEOs of the largest cigarette companies
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sector CMC mission: To combat crime and improve public sector integrity © Crime and Misconduct Commission 2011 Apart from any fair dealing for the purpose of private study‚ research‚ criticism or review‚ as permitted under the Copyright Act 1968‚ no part may be reproduced by any process without permission. Inquiries should be made to the publisher‚ the Crime and Misconduct Commission. Crime and Misconduct Commission Level 2‚ North Tower Green Square 515 St Pauls Terrace‚ Fortitude Valley‚ Qld
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TOPIC: WHAT IS TORT‚ AND TORTIOUS LIABILITY ? From a legal standpoint‚ a tort is a private or civil wrong or injury (other than a breach of contract) for which a court of law may provide a remedy through a lawsuit for damages (compensation). For example‚ when a person violates his/her duty to others created under general (or statutory) law‚ a tort has been committed. Tort law relies heavily on the common law‚ the legal opinions of the Courts‚ general trends in the community‚ and legal scholarship
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Law coursework on the English Legal System and Corporate Criminal Liability. Question 1 a) The sources of the English legal system are: • Case law is judge made law. • Acts of Parliament creates a new law or changes an existing law. It is the most important source of law. Acts of Parliament are made by the Parliament‚ which consists of the House of Commons and the House of Lords. • Statutory Interpretation is the process by which judges interpret and apply acts of parliament. In order to
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