Unit 24: Aspects of Criminal law relating to Business The Corporate Manslaughter and Corporate Homicide Act 2007 allow companies and organisations to be guilty of these offences where serious managerial failures result in gross breach of a duty of care. This Act created a new offence of corporate manslaughter to apply to companies‚ government departments‚ police forces etc. However‚ before this Act was introduced‚ a corporation could only be convicted of manslaughter if a single employee of the
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Under section 10(b) of the Securities Exchange Act of 1934‚ accountants may be held liable to actual buyers and sellers of public securities for fraud or gross negligence. Liability for ordinary negligence under section 11(a) of Securities Act of 1933 is limited to purchasers of initial offering. Under the federal securities laws‚ the auditor’s liability is limited to those persons who relied on auditor’s misstatements included
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Alan’s offence: Involuntary manslaughter - involuntary manslaughter is when a person commits an unlawful killing of a human being without intending to kill‚ involuntary manslaughter is often caused by recklessness or criminal negligence as you can see in this scenario Adam admits the only thing he wanted to do was to frighten off Pete he had no intent to kill anyone (Regina -v- Meeking [2012] EWCA Crim 641) In this case the appellant was convicted of involuntary manslaughter of her husband on the
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TORTS EXAM 2 STUDY GUIDE NEGLIGENCE • Negligence: The failure of individuals to appreciate the risks caused by their conduct. • Synonymous with carelessness did not intend to cause harm to Plaintiff • To determine whether negligence exists‚ must ask: 1. Was the Defendant’s conduct unreasonable? 2. Did the Defendant cause the Plaintiff’s injury? Elements of Negligence: 1. Duty by the Defendant to the Plaintiff 2. Defendant breached the duty of reasonable care 3. Defendant’s actions were
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Elliott v C [1983] The case involves the mens rea of recklessness. The defendant was a girl of 14 years old who had low intelligence. She lit a fire in a shed. The magistrates applied the test laid down in R v Caldwell but inferred that in his reference to "an obvious risk" Lord Diplock had meant a risk which was obvious to the particular defendant. They acquitted the defendant because they found that the defendant had given no thought at the time to the possibility of there being a risk that
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the Plaintiff and the Plaintiff’s wife that the Plaintiff already had a disability and did not want to risk further injuries. The Defendant’s actions showed gross negligence‚ non-reasonable moving practices‚ lying to the Plaintiff‚ which constitutes fraud‚ total disregard for Plaintiff’s safety and health‚ and almost causing negligence homicide to the Plaintiff because of severe injuries to the neck and spinal cord and partial paralysis to the plaintiff’s body and other injuries‚ Immediately
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metres [6]. ozb Travelling at 50km/h‚ the applicable speed limit‚ Ms Marien’s car struck Mr Gardiner at a point past the streetlight‚ causing him serious injuries [6]. Procedural History: Gardiner and H J Heinz Company Australia Ltd brought negligence suits against Marien in the District Court of NSW [8]-[9]. On 31 January 2013‚ Delaney DCJ found that Marien had been negligent and awarded Gardiner damages of $191‚865.07 [3]‚ [23]. In Heinz’ claim against Marien‚ Delaney DCJ again found Marien
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were followed‚ that nothing failed and nothing snapped. The ride also requires customers to sign indemnity forms‚ in which contains an exemption clause that states that they are not responsible for any deaths or personal injuries unless through gross negligence. Blyth reported the case to the Building and Construction Authority (BCA)‚ the regulatory body for amusement rides. Lawyers are attempting to seek compensation for McCarthy’s injuries‚ as they question the validity of the exclusion clause in
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Table of Contents Introduction Accountants’ Liability to the Client and Third-Party A) Breach of Contract B) Ordinary Negligence (Accountant Malpractice) C) Fraud a. Constructive Fraud (Gross Negligence) b. Actual Fraud Accountants’ Liability under Common Law for Third-Party A) The Near-Privity Doctrine B) The Restatement Doctrine C) The Foreseeability Doctrine D) The Balancing-Factors Doctrine Accountants’ Liability under Statutory Law Third-Party A) Securities Act of 1933 B) Securities
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Phar-Mor Case Study Phar-Mor Case 4.6 Questions 1. a) By hiring a member of its external audit team a company could gain insight into the auditor’s process and better devise methods of hiding fraud. b) Hiring a former auditor would greatly compromise and possibly impair the existing external auditor’s ability to remain independent. On top of having knowledge about the auditor’s practice‚ preexisting relationships could cause bias in the audit outcome. c) Sarbanes-Oxley Act 2002 limits the ability
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