INTRODUCTION In common sense the Law of Torts is that branch of law which aims at regulating the manner in which people behave in civil society. The law of tort covers a wide range of situations, including such diverse claims as those of a passenger injured in a road accident, a patient injured by a negligent doctor, a pop star libeled by a newspaper, a citizen wrongfully arrested by the police, and a landowner whose land has been trespassed on. As a result, it is difficult to pin down a definition of a tort; but, in broad terms, a tort occurs where there is breach of a general duty fixed by civil law. When a tort is committed, the law allows the victim to claim money, known as damages, to compensate for the commission of the tort. This is
Introduction First of all, a defendant will only be found guilty of a crime if the prosecution can establish two main elements of a crime, which are actus reus and the mens rea. Actus reus is the wrongful act or omission that comprises the physical component of a crime. Mens rea is a person’s awareness of the fact that his or her conduct is criminal. For a defendant to be held liable, it has to be proved that the defendant voluntarily performed the act or omission. In Hill v Baxter , it was established that the driver did not commit the offence voluntarily as he was attacked by a swarm of bees when driving.
(b) Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal. ii. Accomplice Liability: an accomplice is someone who aids, abets, counsels, or in any way encourages another (the "principal") to commit a crime. An accomplice may be vicariously liable for crimes he "aided and abetted" as well as other foreseeable crimes that the principal commits. 4.
The principal consequence of which is that the offender, if he is detected and it is decided to prosecute, is prosecuted by or in the name of the state. Therefore, Criminal Law is being implemented. The role of the Criminal Law is to deal with different types of wrong doings or offences committed by a criminal, and be punished fairly as stated by the law. Such examples of crimes are robbery, theft, murder, counterfeiting and cheating. Hence, the purpose of the Criminal Law is to maintain and regulate the stability of the country or
(Ex: China, Japan, Germany, France, and Spain). In the case of common law, countries like The United States, England, India and Canada. Civil law covers countries that are mainly located in Europe, while the common law covers English speaking countries . Lastly, in the modern days the difference between common and civil legal principles lies in the actual source of law. Common-law systems make refer extensively to statutes, but judicial cases are considered the most important source of law, allowing judges to pro-actively contribute to rules.
The Defenses to White Collar Crime Charges White-collar crimes are ruled by the overall principles of criminal liability. Every crime needs a foul act, criminal intent and deed. Several of the defendants concerned in skilled crimes create identical claims that folks WHO are concerned in traditional crimes create, like mental disease, intoxication, incapacity (defendant was incapable of committing the crime), and force (someone else caused the litigator to commit the crime) A lot of times, defendants of skilled crimes claim that organization engaged in defense, a state of affairs within which government personnel gift the chance for the litigator to commit a criminal act that he or she otherwise wouldn't have committed. The litigator argues that he or she wouldn't have committed the crime if that they had not been enticed by those organization. A choose typically appearance at matters through the litigator’s eyes choose whether or not the defendant was entrapped.
In this essay I will first of all discuss what negligence is and what it consists of. When there is a breach of legal duty where the plaintiff has incurred some sort of damage we call this negligence. Negligence occurs when a person has carried out an unreasonable act which a prudent person would not have carried out in that particular situation. To make sure that negligence is maintained there must be some exceptions to it such as if negligence were to take place there must be a breach of that duty, the damage that has occurred must be reasonable foreseeable. There also must be a common link between the damage that took place and the breach.
1. Describe in detail the differences between civil law and criminal law. • A civil case involves a dispute between two people, or parties, on a certain issue. One party sues the other, and the jury determines liability and the amount of damages. The court may order the party found at fault to pay money to the injured party or to fulfill an obligation, such as honoring a contract.
It entails the court asking if the accused’s conduct caused the unlawful consequence. It is only relevant for consequence crimes, such as murder or arson, and there must be a causal link between the conduct of the accused and the unlawful consequence. In order to determine if there is a link, the court makes use of two tests: factual and legal causation. 2 1 Factual causation Factual causation links the conduct of the accused to the end result of the unlawful consequence. For factual causation, we use the conditio sine qua non test which translates to the “but for” test and is used in practice as “but for the accused’s conduct, would the victim have suffered the same fate?” 2 2 Legal causation Legal causation is when we establish, based on policy considerations, whether it is reasonable and fair to hold somebody criminally liable for their conduct.
Laws set out standards, procedures and principles that must be followed. A law is enforceable by the judicial system, i.e. those responsible for breaking them can be prosecuted in court. There are various types of laws framed like criminal laws, civil laws, and international laws. Breaking a law is a punishable crime and has drastic consequences such as hefty fines, jail time and community service