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Corporate Manslaughter
Corporate manslaughter is a crime in several jurisdictions, including England and Wales and Hong Kong. It enables a corporation to be punished and censured for culpable conduct that leads to a person's death. This extends beyond any compensation that might be awarded in civil litigation or any criminal prosecution of an individual (including an employee or contractor). The Corporate Manslaughter and Corporate Homicide Act 2007 came into effect in the UK on 6 April 2008. Theory Clarkson identifies six theories of corporate manslaughter: *Identification doctrine; *Aggregation doctrine; *Reactive corporate fault; *Vicarious liability; *Management failure model; and *Corporate ''mens rea''. Identification doctrine This approach holds that the offence of corporate manslaughter is made out when an individual commits all the elements of the offence of manslaughter and that person is sufficiently senior to be seen as the controlling mind of the corporation. Prior to the Corporate Ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Corporate Manslaughter And Corporate Homicide Act 2007
The Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19) is an Act of the Parliament of the United Kingdom that seeks to broaden the law on corporate manslaughter in the United Kingdom. The Act created a new offence respectively named corporate manslaughter in England and Wales and Northern Ireland, and corporate homicide in Scotland. The Act received the royal assent on 26 July 2007 and came into force on 6 April 2008. Background In the United Kingdom, a corporation is considered a juristic person and can be capable of committing, being convicted of and sentenced for, a criminal offence. However, some conceptual difficulty lies in fixing a corporation with the appropriate ''mens rea''.Herring (2004) ''p. ''720 Before the Act, a corporation could only be convicted of manslaughter if a single employee of the company committed all the elements of the offence and was of sufficient seniority to be seen as embodying the "mind" of the corporation. The practical consequen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Corporate Manslaughter (England And Wales)
Corporate manslaughter is a criminal offence in English law, being an act of homicide committed by a company or organisation. In general, in English criminal law, a juristic person is in the same position as a natural person, and may be convicted for committing many offences. The Court of Appeal confirmed in one of the cases following the ''Herald of Free Enterprise'' disaster that a company can, in principle, commit manslaughter, although all defendants in that case were acquitted.''R. v. P & O Ferries (Dover) Ltd'' (1991) 93 Cr App Rep 72 ( citation explained). Theory and historical development The common law test to impose criminal responsibility on a company only arises where a person's gross negligence has led to another person's death and (under the "identification doctrine") that person is a "controlling mind", whose actions and intentions can be imputed to the company (that is, a person in control of the company's affairs to a sufficient degree that the company can fair ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Beyond Reasonable Doubt
Beyond (a) reasonable doubt is a legal standard of proof required to validate a criminal conviction in most adversarial legal systems. It is a higher standard of proof than the standard of balance of probabilities (US English: preponderance of the evidence) commonly used in civil cases, reflecting the principle that in criminal cases the stakes are significantly higher: a person found guilty can be deprived of liberty or, in extreme cases, life itself, in addition to the collateral consequences and social stigma attached to conviction. The prosecution bears the burden of presenting compelling evidence that establishes guilt beyond a reasonable doubt; if the trier of fact is not convinced to that standard, the accused is entitled to an acquittal In common law jurisdictions, an acquittal means that the criminal prosecution has failed to prove that the accused is guilty beyond a reasonable doubt of the charge presented. It certifies that the accused is free from the cha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Employee
Employment is a relationship between two party (law), parties Regulation, regulating the provision of paid Labour (human activity), labour services. Usually based on a employment contract, contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any other entity, pays the other, the employee, in return for carrying out assigned work. Employees work in return for wage, wages, which can be paid on the basis of an hourly rate, by piecework or an annual salary, depending on the type of work an employee does, the prevailing conditions of the sector and the bargaining power between the parties. Employees in some sectors may receive gratuity, gratuities, bonus payments or employee stock option, stock options. In some types of employment, employees may receive benefits in addition to payment. Benefits may include health insurance, housing, and disability insurance. Employment is typically governed by Labour law, employment laws, o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Customer
In sales, commerce, and economics, a customer (sometimes known as a Client (business), client, buyer, or purchaser) is the recipient of a Good (economics), good, service (economics), service, product (business), product, or an Intellectual property, idea, obtained from a seller, vendor, or distribution (business), supplier via a financial transaction or exchange (economics), an exchange for money or some other valuable consideration. Etymology and terminology Early societies relied on a gift economy based on favours. Later, as commerce developed, less permanent human relations were formed, depending more on transitory needs rather than enduring social desires. Customers are generally said to be the purchasers of goods and services, while clients are those who receive personalized advice and solutions. Although such distinctions have no contemporary semantic weight, Employment agency, agencies such as law firms, film studios, and health care providers tend to prefer '':wikt:clien ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Shareholder
A shareholder (in the United States often referred to as stockholder) of corporate stock refers to an individual or legal entity (such as another corporation, a body politic, a trust or partnership) that is registered by the corporation as the legal owner of shares of the share capital of a public or private corporation. Shareholders may be referred to as members of a corporation. A person or legal entity becomes a shareholder in a corporation when their name and other details are entered in the corporation's register of shareholders or members, and unless required by law the corporation is not required or permitted to enquire as to the beneficial ownership of the shares. A corporation generally cannot own shares of itself. The influence of shareholders on the business is determined by the shareholding percentage owned. Shareholders of corporations are legally separate from the corporation itself. They are generally not liable for the corporation's debts, and the shareholders ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Liquidation
Liquidation is the process in accounting by which a Company (law), company is brought to an end. The assets and property of the business are redistributed. When a firm has been liquidated, it is sometimes referred to as :wikt:wind up#Noun, wound-up or dissolved, although Dissolution (law), dissolution technically refers to the last stage of liquidation. The process of liquidation also arises when customs, an authority or Government agency, agency in a country responsible for collecting and safeguarding Duty (economics), customs duties, determines the final computation or ascertainment of the duties or drawback accruing on an entry. Liquidation may either be compulsory (sometimes referred to as a ''creditors' liquidation'' or ''receivership'' following bankruptcy, which may result in the court creating a "liquidation trust"; or sometimes a court can mandate the appointment of a liquidator e.g. ''wind-up order'' in Australia) or voluntary (sometimes referred to as a ''sharehold ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Imprisonment
Imprisonment or incarceration is the restraint of a person's liberty for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is considered " false imprisonment". Imprisonment does not necessarily imply a place of confinement with bolts and bars, but may be exercised by any use or display of force (such as placing one in handcuffs), lawfully or unlawfully, wherever displayed, even in the open street. People become prisoners, wherever they may be, by the mere word or touch of a duly authorized officer directed to that end. Usually, however, imprisonment is understood to imply actual confinement against one's will in a prison employed for the purpose according to the provisions of the law. Generally gender imbalances occur in imprisonment rates, with incarceration of males proportionately more likely than incarceration of females. History Africa Before colonisation, imprisonment was used in sub-Saharan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sentence (law)
In criminal law, a sentence is the punishment for a crime ordered by a trial court after conviction in a criminal procedure, normally at the conclusion of a trial. A sentence may consist of imprisonment, a fine, or other sanctions. Sentences for multiple crimes may be a concurrent sentence, where sentences of imprisonment are all served together at the same time, or a consecutive sentence, in which the period of imprisonment is the sum of all sentences served one after the other. Additional sentences include intermediate, which allows an inmate to be free for about 8 hours a day for work purposes; determinate, which is fixed on a number of days, months, or years; and indeterminate or bifurcated, which mandates the minimum period be served in an institutional setting such as a prison followed by street time period of parole, supervised release or probation until the total sentence is completed. If a sentence is reduced to a less harsh punishment, then the sentence is sai ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Company Director
A board of directors is a governing body that supervises the activities of a business, a nonprofit organization, or a government agency. The powers, duties, and responsibilities of a board of directors are determined by government regulations (including the jurisdiction's corporate law) and the organization's own constitution and by-laws. These authorities may specify the number of members of the board, how they are to be chosen, and how often they are to meet. In an organization with voting members, the board is accountable to, and may be subordinate to, the organization's full membership, which usually elect the members of the board. In a stock corporation, non-executive directors are elected by the shareholders, and the board has ultimate responsibility for the management of the corporation. In nations with codetermination (such as Germany and Sweden), the workers of a corporation elect a set fraction of the board's members. The board of directors appoints the chief exe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fine (penalty)
A fine or mulct (the latter synonym typically used in Civil law (common law), civil law) is a penalty of money that a court of law or other authority decides has to be paid as punishment for a crime or other Offense (law), offense. The amount of a fine can be determined case by case, but it is often announced in advance. The most usual use of the term is for financial punishments for the commission of crimes, especially minor crimes, or as the settlement (law), settlement of a Claim (legal), claim. One typical example of a fine is money paid for violations of traffic laws. In English law, English common law, relatively Standard scale, small fines are used either in place of or alongside community service orders for low-level criminal offences. More considerable fines are also given independently or alongside shorter prison sentences when the judge or magistrate considers a large amount of retribution is necessary, but there is unlikely to be a significant danger to the public. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lyme Bay Kayaking Tragedy
The Lyme Bay canoeing disaster occurred in Lyme Bay, Southern England on 22 March 1993. Four teenagers died after getting into difficulty while on a sea kayaking trip from Lyme Regis to Charmouth. The incident led to reforms in the way in which activity centres were accredited in the United Kingdom and the passage of The Activity Centres (Young Persons' Safety) Act 1995. Incident On 22 March 1993 at around 10 am, a group of eight schoolchildren and their teacher from Southway Community College, Plymouth were accompanied by two instructors from St Albans Outdoor Centre on a kayak trip in Lyme Bay from Lyme Regis to Charmouth, a distance of around two miles. The group ran into issues shortly after setting off. One of the students, Dean Sayer, capsized while still close enough to the shore to stand up. Norman Pointer, the group's teacher, also capsized a number of times leading to one of the instructors, Tony Mann, staying behind to assist. While Tony Mann assisted the group' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
