Tma03 W100 -Unlawful Conduct

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Unlawful conduct is a very broad term, we may consider the term of unlawful conduct of any conduct relating to crimes but it is much broader than this, it also includes aspects of civil law. We can consider a conduct to be unlawful in many ways; this can be by underage drinking to downloading music from the internet without paying for such a song. For a conduct to be considered unlawful, it has to be approved by parliament. Without laws we cannot consider a conduct to be unlawful. Unlawful conduct is any conduct that it is forbidden by law. Crimes are a form of unlawful conduct, such as, robbery, murder and assault which are considered criminal acts. Another form of unlawful conduct is civil disputes; this can be at a personal or business level. Also family law is considered a form of civil dispute and therefore it can be considered an unlawful conduct when dealing with cases such as divorce and child care. But for a conduct to be considered unlawful it has to be proven that the individual has done wrong, this is also known as fault. An individual cannot be punished unless at fault. There are two types of fault, criminal and civil wrongs. There are two fundamentals in criminal fault to establish liability. The first element is known in Latin as “actus reus”, which means guilty act. We refer to actus reas, when a person has committed a crime voluntary or intentionally. The second element is known in Latin as “mens rea”, which means mental element. We refer to mens rea when an individual has committed a crime involuntary, with no intention of doing so. And therefore for a conduct to be considered unlawful it has to be done voluntary otherwise it would not be considered as an unlawful conduct. A civil wrong is when any offence for which an action for damages may be brought. In the case of “Donoghue v Stevenson [1932]” the House of Lords ruled that a person “must have duty to take reasonable care to avoid reasonably foreseeable...
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