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Criminal Liability - Case Study Example

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The paper 'Criminal Liability Case" discusses that the case at hand involved various parties who were watching and three parties directly related to the happenings. Two of the parties, Angela and Brian can be found liable for an offence considering the moral obligation for a duty of care…
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Criminal Liability Case
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Download file to see previous pages Sam’s death might have been accidental, but from the facts of the case, there seem to be some individuals who should have been held responsible for lacking to prevent the death of the young boy. The parent, Angela took the boy for a walk but instead concentrated on reading her novel. At the same time, there are two individuals who watched the child drown, and had powers to prevent the same. This, however, is preempting and the cases should be argued from a legal point of view to try coming up with a reasonable judgment (Sappideen, Vines, Grant & Watson, 2012). This paper will try establishing liability to the three major involved individuals; Angela, Brian and Daniel. From the facts, this treatise will look at the case from an angle of duty of care as well as negligence, and other factors that may arise thereof.
In legal perspectives, failing to do something that a reasonable person would have done for a certain thing amounts to negligence. In order for a person to be held responsible for an act that resulted from negligence, this person must be proved to have owed the plaintiff some duty of care. Affirming that a person owed the duty of care to another person results from the assumption in law that people should conduct their affairs in levels required and expected of a reasonable person. Negligence claims must be preceded by three actions that must all be met, for a plaintiff to claim any compensation from the defendant. In the first place, the defendant ought to owe some duty of care to the plaintiff, the duty must have been breached and the action must have harmed the plaintiff (Cardi, 2011).
Establishing the duty of care liability for the three defendants in this case, therefore, should assume the trend of establishing that the three things were met for all the cases. The cases will be argued in reference to legal procedures and other past cases.
The case at hand has an element of Actus Reus, where the three can be charged with omissions that resulted to the physical crime of loss of life as in the case of Schad v. Arizona (1991).  ...Download file to see next pagesRead More
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