Nobody downloaded yet

Legal Problem - Essay Example

Comments (0) Cite this document
Summary
He starts a fire to keep warm but it quickly gets out of control and burns down the shed. He then goes to the local station and boards a train which Arnold…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER95.8% of users find it useful
Legal Problem
Read TextPreview

Extract of sample "Legal Problem"

Download file to see previous pages How would your answer differ if:- (a) Arnold submitted that he knew the route so well that in his view he had eliminated as much risk as possible by his actions? (b) you were informed that Arnold was employed by Great Northern Railways and that he had worked an 80 hour shift that week?
“(1) A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.
The shade that has been destroyed by Bhopindar’s action constitutes certain amount of criminal liability on his part, as his action includes the elements of recklessness. The English Law has classified into two parts, namely, Subjective Recklessness and Objective Recklessness. Recklessness is also referred to as Intention Acts, which is often described in legal terminology as “extreme carelessness regarding an obvious defect or problem.” (Stewart, Warner, Portman, 2008, p. 228) Now such acts of “extreme carelessness”, according to jurisprudential rational, incorporates intention of an individual to commit such act and such element of intentional commission of reckless act are specified in legal terminology as mens rea. Paul Bergman, Sara J. Berman, Sara J. Berman-Barrett explains mens rea as, “Mens rea is Latin for “guilty mind”. The mens rea concept expresses a belief that people should be punished … only when they have acted with an intent or purpose that makes them morally blameworthy.” (Bergman, Berman, Berman-Barrett, 2008, p. 253) Comparing the situation of both Bhopindar and Arnold it is not tough to understand that in Arnold’s case presence of mens rea is quite explicit whereas it is clear from Bhopindar’s action that he was almost ignorant about the possibility of happening of such ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Legal Problem Essay Example | Topics and Well Written Essays - 750 words”, n.d.)
Legal Problem Essay Example | Topics and Well Written Essays - 750 words. Retrieved from https://studentshare.org/miscellaneous/1556524-legal-problem
(Legal Problem Essay Example | Topics and Well Written Essays - 750 Words)
Legal Problem Essay Example | Topics and Well Written Essays - 750 Words. https://studentshare.org/miscellaneous/1556524-legal-problem.
“Legal Problem Essay Example | Topics and Well Written Essays - 750 Words”, n.d. https://studentshare.org/miscellaneous/1556524-legal-problem.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Legal Problem

Construction Adjudication Law - Legal problem

...?PART A Construction Adjudication Law – Legal Problem This report is a legal advise for two parties in a construction adjudication dispute. In the facts of the case, Prestige Development Plc (PDP) and Paramount Construction Limited (PCL) entered a building contract for the construction of a waterfront apartment in south England. The JCT Design and Building Contract 2011 is the fundamental legal system adopted for the research. The project was completed successfully, however there were severe cracks in the project at the exterior of the war. Investigations show that there ground conditions of the soil was not good and the project was not destined to succeed due to the soil...
17 Pages(4250 words)Coursework

Case Note and Legal Problem

...?Intro to Obligations LW315 Assessment 2 11 For this assessment, which is worth 60% of your overall mark on this module, you need to complete two tasks: 1) Write a case note on one of the two Court of Appeal cases listed below, following carefully the instructions that you are given. Word limit = 1000 words. One quarter of the marks is available for this part. 2) Write an answer to all parts of the problem question below (i-vi). Word limit = 2500 words. Three quarters of the marks are available this part. Your work must be submitted electronically as one document via Turnitin, and as a paper copy with a cover sheet to the KLS office, no later than 4pm on Monday 17 January 2010 (week 13). Note that assessment deadlines in...
13 Pages(3250 words)Essay

Legal problem question

...sisters’ problem what to do with the contract they have with Amy knowing that she failed to fulfill its provision and is seemingly impossible to ever accomplish all the other salient portions of it. The termination of the contract is the most likely solution to this problem. In view of the aforementioned facts, the main legal issues for the Blundell sisters would be first, to move for the voiding of the contract with Amy based on misrepresentation or to move for the contract’s termination due to breach of contract. II. The Law Applicable to the Issue at Hand Given the fact that the issue at hand revolves around a contract, the law concerned would be the Australian Contract Law. Under...
6 Pages(1500 words)Essay

Answer to legal problem questions

... 28 May CORPORATE LAW QUESTION Facts/Issues: NatureWorld sued the auditor for failure to inform the Board of the company’s losses. The auditor counter-sues and alleges the Board failed its duty of care, skill and diligence and this contributed to the company’s losses. Law: AWA V Daniels1 imposed on directors stricter duties in the exercise of care, skill and diligence while in the performance of their responsibilities to the corporation: The case of Daniels V Anderson2 held that executive directors breached their duty, while non-executive directors did not commit breach of duty. The test for breach of duty of care was objective. S180 on the civil penalty provision (ASIC V Rich3) and damages (Deputy Commission on Taxation V Clark4... 28 May...
5 Pages(1250 words)Essay

Identification of managerial, financial, legal and ethical implications for Problem Identification in the Healthcare Sector

...? The Financial Implications of Immigrant Health Care BY YOU YOUR HERE HERE The Financial Implications of Immigrant Health Care The Problem The relationship between immigrants in this country and their utilization patterns of health care create financial problems within the health care system. Immigrant volumes continue to increase year by year as the United States represents much better opportunities for gaining employment than in Mexico or the Philippines (as two examples). However, with the rise in immigration reaching higher levels than ever before, their lack of naturalization status continues to provide them with low-paying jobs requiring fewer skills and are therefore often not provided health...
2 Pages(500 words)Case Study

Human Resources Legal Issue/Problem

...? Human Resources Legal Issue/Problem inserts his/her Inserts The human resources legal issue that shall be explored is discrimination at workplace. The notion of discrimination is best described as favorable treatment towards individuals not on the basis of merit but on the basis of bias or other immoral attitude (Mill, 1963). In what follows, the legal domain of two keys forms of discrimination at workplace (race and gender) is addressed along with proposed resolutions. Cases of gender discrimination are a common sight in the workplace today. Not long ago a lawsuit was filed against the Boston Cigna HealthCare Company for charges of gender discrimination. According to the lawsuit, it is alleged that the company intentionally... , it is...
8 Pages(2000 words)Research Paper

What are the various legal tools now available to cope with the organized crime problem

...Running Head: Tools Available to Cope with Organized Crime Organized Crime Abstract This paper will examine the legal tools that are available today to combat organized crime in United States of America. This paper also gives a historical perspective of the present days Acts. Organized Crime Introduction Organized Crime has been defined as an illegal pattern of activity conducted by a consortium of people and/or organizations, acting in concert, to carry out fraud, theft, extortion, intimidation, and a host of other offenses in a syndicated fashion. (Falcone, 2005: 187). The criminals often give a legal...
2 Pages(500 words)Essay

Answer to legal problem questions

... September CORPORATE LAW QUESTION Facts/Issues: NatureWorld sued the auditor for failure to inform the Board of the company’s losses. The auditor counter-sues and alleges the Board failed its duty of care, skill and diligence and this contributed to the company’s losses. Law: AWA V Daniels1 imposed on directors stricter duties in the exercise of care, skill and diligence while in the performance of their responsibilities to the corporation: The case of Daniels V Anderson2 held that executive directors breached their duty, while non-executive directors did not commit breach of duty. The test for breach of duty of care was objective. S180 on the civil penalty provision (ASIC V Rich3) and damages (Deputy Commission on Taxation V...
5 Pages(1250 words)Essay

Discussion problem for legal claim

...Discussion problem for "legal claim" In this case, the potential defendants are the principal,the custodian and the school head football coach, Harris. Actually, all these people are held responsible for the occurrence or Terry’s injury. The school head coach is to be sued of two cases that are violation of the Massachusetts Interscholastic rules and bribing of the school custodian. Weight lifting or any kind of gymnastic action is against the Massachusetts interscholastic rules while on the other hand, bribe is a big offence as it does not give room for the prevalence of justice (Stephan, 1574). The school custodian is also to be sued of warping the school rules and regulations and accepting the bribe...
1 Pages(250 words)Article

ANnnotated Bibilography and Thesis Statement

5 Pages(1250 words)Annotated Bibliography
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Legal Problem for FREE!

Contact Us