2014/10/3 Criminal Law Hanif Mughal (麥 嘉 豪 ) Adjunct Associate Professor ( 兼任教授) Barrister-at-law ( 大律師 ) DLS 2 BRIEF - Lecture 1 (A).General Introduction (B). What is a crime? (C). Principles of Criminal Liability Chapters 1‚ 2 and 4 of the Workbook and some additional information 2 (A) General Introduction 1.General Principles. 2. Law regulates conduct in society. 3. Division of Law into civil and criminal law. 4. Civil Law – disputes between individuals. 3 1 2014/10/3 5. Criminal
Free Criminal law
concept encompasses that of which an occasion where an individual’s “acts leading to injury are neither expected nor intended.” (Yell‚ 1999) In this paper‚ the elements of a negligent tort‚ the concepts of proximate causation and duty of care‚ and types of remedies for finding tort liability will be explored. Elements of Negligent Tort There are three elements of negligent tort. The first element is that of which the defendant had a responsibility of support and/or care to the plaintiff. For example
Premium Tort Law Tort law
headlines. The public are more informed about their health and have become very smart and astute of the differences between poor health service and good health service‚ since the publication of various malpractice cases (Chandra et al. 2009). Causation Causation is another element used to establish negligence. If a breach of care has been established‚ the courts then have to determine the degree of foreseeable risk together‚ with the likelihood of any harm resulting as a consequence (Van Dokkum
Premium Nursing Health care Medicine
their understanding by creating the report. Contents Introduction: 2 3.1 Contrast liability in tort with contractual liability. 4 3.1.1 Definition: 4 3.1.2 The characteristic of liability in tort 4 3.1.3 Aim and objective of liability in tort 5 3.1.4 Compare and contrast between tort and contract 5 3.2 Explain the nature of liability in negligence. 6 3.2.1 : Duty of care 6 3.2.2 :Breach of duty: 7 3.2.3 : Causation: 7 3.2.4 Damage 7 3.2.5: Concepts of negligence 8 4.1 The elements of the tort of
Premium Tort Tort law
fact-specific‚ this general definition does not fully explain the concept of when the law will require one person to compensate another for losses caused by accidental injury. Further‚ the law of negligence at common law is only one aspect of the law of liability. Although resulting damages must be proven in order to recover compensation in a negligence action‚ the nature and extent of those damages are not the primary focus of negligence cases. Negligence suits have historically been analyzed in stages
Premium Common law Tort Law
THEORIES OF TORT LAW: AFFIRMING BOTH DETERRENCE AND CORRECTIVE JUSTICE Gary T. Schwartza Copyright (c) 1997 Texas Law Review Association; Gary T. Schwartz Introduction Currently there are two major camps of tort scholars. One understands tort liability as an instrument aimed largely at the goal of deterrence‚ commonly explained within the framework of economics. The other looks at tort law as a way of achieving corrective justice between the parties. If these are alternative camps‚ they are also
Premium Tort Negligence
CHAPTER ASSIGNMENTS Chapter One 1. Explain the purposes or rationales for punishment and the arguments in favor of each rationale. Include a discussion about current trends in punishment. Two main purposes: Retribution & Prevention. Retribution looks back to past crimes and punishes individuals for committing them‚ because it’s right to hurt them. Prevention looks forward and inflicts pain‚ not for its own sake‚ but to prevent future crimes. There are four kinds: General deterrence‚ Special
Premium Criminal law
The Calculus of Negligence 4 Who is the Reasonable Person? 9 Causation 13 Factual Causation under the Common Law 13 Factual Causation under Statute 16 Novus Actus Interveniens 18 Successive Causes 20 Exceptional Cases 21 Remoteness 24 Foreseeability of Damage 24 Kind of Injury and Manner of its Occurrence 25 Eggshell Skull Rule 26 Concurrent Liability 28 Vicarious Liability 28 Non-delegable Duty 33 Proportionate Liability 35 Breach of Statutory Duty 38 Defences to Negligence 42 Contributory
Premium Negligence Tort law Common law
privileged thereby.’ In the modern age‚ the increasing amount of crimes being committed while one is intoxicated has resulted in the law tightening the scope on the issue. It has created rules to attempt to strike a balance between imposing criminal liability on the accused that had no mens rea‚ while trying to protect the public from those who deliberately took something to put them in a condition where they could not control their actions. Public policy is a strong factor in determining whether the
Premium Criminal law Crime Alcohol intoxication
Solicitation Solicitation is defined as the asking‚ inducing or enticing another individual to commit a crime. Merger Under the merger doctrine‚ the crime of solicitation merges with conspiracy. An individual cannot be guilty of solicitation if the crime is the object of the conspiracy. A person cannot be guilty of both conspiracy and solicitation. If conspiracy is proven solicitation will be merged under both traditional and modern jurisdictions. Conspiracy Conspiracy is defined
Free Criminal law