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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Ohio. In 1987‚ Greif Brothers experienced several incidents wherein trespassers stole property from its parking lot. As a result of these incidents‚ Lowell Wilson‚ the superintendent at Greif Brothers’ Youngstown plant‚ decided to hire a security company to guard Greif Brothers’ property. SUPREME COURT OF OHIO In April 1987‚ Wilson‚ on behalf of Greif Brothers‚ entered into a contract with Youngstown Security Patrol‚ Inc. (“YSP”) to supply a uniformed security guard to “deter theft [and] vandalism”
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1 Ch 881; 84 LJ Ch 688; 113 LT 159; 59 Sol Jo 478 CHANCERY DIVISION ASTBURY J 4‚ 25 MARCH 1915 31 MARCH 1915 Arbitration - Submission - Article of company - Application for membership of company and acceptance Rule for all disputes between company and members to be referred. Company - Articles - Effect - Contract between members and company and between members inter se. In 1905 the plaintiff was elected a member of the defendant association‚ and he then agreed to conform to its rules and
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Apand Pty Ltd (1999) has been important cases in the history of Tort Law. Negligence is a complex term including advertent and inadvertent acts and omissions where there has been a failure to take reasonable care to prevent loss‚ damage or injury to others whom they could reasonably have foreseen might have been injured if that care was not taken. (Pentony at al. 2011) There are different categories of negligence and the one concerning the above mentioned cases is Pure Economic Loss. A claim for ‘pure’
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Current Liabilities Week 3 Assignment Beverly Clarkson November 23‚ 2014 Daniel Carraher RUNNING HEAD: CURRENT LIABILITIES Current Liabilities Current liabilities
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financial accounting standards statement sets up the foundation for reporting and accounting for loss contingencies. A contingent liability is a potential liability that might‚ or might not happen in the future. For example this could be a lawsuit‚ a product warranty‚ a possible tax assessment‚ a government investigation‚ or even an environmental contamination. A contingent liability and the associated loss are recorded as a journal entry only if the contingency meets these two criteria; A.) the contingency
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MGMT3046 Company Law: Course Wrap Up November 2012 We have come to the end of formal instruction in Company Law‚ so it is useful at this point to review the main learnings from the course. This will be somewhat long! Unit1 Salomon v Salomon and the corporate veil. This is a foundational case in company law which enunciated the principle of the separateness of company and its members (shareholders and officers). The principle makes it quite clear that the separation of the company from its members
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The European Accounting Review 2000‚ 9:3‚ 371 385 Auditor liability rules under imperfect information and costly litigation: the welfare-increasing eŒ of liability ect insurance Ralf Ewert‚ Eberhard Feess and Martin Nell University of Frankfurt‚ Frankfurt am Main ABSTRACT This paper examines auditor liability rules under imperfect information‚ costly litigation and risk-averse auditors. A negligence rule fails in such a setting‚ because in equilibrium auditors will deviate with positive probability
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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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As a result of Lydia’s actions‚ Danielle and Gemma have died. Therefore‚ the extent of Lydia’s criminal liability for their deaths must be explored. Lydia’s culpability for their Murders must be explored before lesser offences of manslaughter can be considered. The majority of law pertaining to Murder is found in the Common Law‚ rather than being defined in statutes like a great deal of criminal offences. Murder‚ as defined by Lord Coke‚ is when a man of “sound memory” at the age of “discretion”
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