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.
Nobody downloaded yet

Corporate Manslaughter Law - Essay Example

Comments (0)
Summary
account when they fail to identify hazards, assess risks and develop safe systems of work and thus put people at risk of death, debilitating illness or serious injury. The harsh indictment of TUC against UK's present laws on
Conditions likewise pointed out that under existing UK laws, a company can be convicted only if an individual who can be identified as the embodiment of the company itself is found guilty…
Download full paper
GRAB THE BEST PAPER
Corporate Manslaughter Law
Read TextPreview

Extract of sample
Corporate Manslaughter Law

Download file to see previous pages... guilty of gross negligence which is a difficult task. What happens in most cases
is that those who get singled out for the offence are often the corporate directors
or managers. Again, it must also be established in this case that there is
sufficient evidence to convict.

The UK government itself through the IBB Solicitors ("Corporations,
Directors and Corporate Killing") admit that "corporations are notoriously difficult to prosecute under the current provisions (of the law)." In one case of workplace
death involving a company called Herald of Free Enterprise, the IBB Solicitors
noted the court's failure to identify the controlling mind although it was found that
the said company was "infected from top to bottom with the disease of
sloppiness" and "staggering complacency."

The European Foundation for the Improvement of Living and Working
Conditions likewise pointed out that under existing UK laws, a company can be convicted only if an individual who can be identified as the embodiment of the company itself is found guilty. This is a tall order. Because of the difficulty of identifying a senior manager as the controlling mind, the European foundation
observed that "it is virtually impossible to successfully prosecute large companies." As a result, the UK courts have so far secured only a total of eight
convictions for corporate killing, and all the cases involved directors of small
companies at that.

The reason is that in small companies the bosses are few which make it
relatively easier to pinpoint the controlling mind. In bigger companies, the lines
of responsibility and management layers are complex, such that decisions related to workplace safety...
This is a tall order. Because of the difficulty of identifying a senior manager as the controlling mind, the European foundation
1) Government to introduce corporate killing law. European Industrial Relations Observatory on-line. European Foundation for the improvement of living and working conditions. Available from: ...Download file to see next pagesRead More
Comments (0)
Click to create a comment
CHECK THESE SAMPLES - THEY ALSO FIT YOUR TOPIC
Corporate Law Corporate Manslaughter
James Gobert's analysis seems pointed, but it is if anything too charitable. The Corporate Manslaughter and Corporate Homicide Act is a good step, but it is nothing like what needs to be instituted to deter widespread corporate manslaughter. George Monbiot puts it more strongly when he argues, “It is better than a poke in the eye with a sharp stick, or a tap on the head with a steam hammer.
16 Pages(4000 words)Essay
Drug Abuse, Manslaughter and Law
In the United States of America, cocaine is highly restricted and its sale is illegal as it attracts a stringent penalty if found guilty. In this relation, the United States developed a controlled substance act that regulates the manufacture, importation and distribution of cocaine in the country.
4 Pages(1000 words)Essay
Corporate law Essay
Many scholars believe that regulatory mechanisms have, to a large extent, been inadequate in controlling corporate crime. Say Mokhiber and Weismann (1999): At one level, corporations develop new technologies and economies of scale. These may serve the economic interests of mass consumers by introducing new products and more efficient methods of mass production.
8 Pages(2000 words)Essay
Corporate Manslaughter
(Corporate Manslaughter, 2006) A company can be held responsible for committing such a crime if there is a work related death in the company. The felony is essentially linked to whether a director or senior manager, in other words a "controlling mind or will" of the company is guilty of manslaughter.
9 Pages(2250 words)Essay
Corporate Law
This provision will come in some time after the main enforcement date. The old corporate manslaughter law was universally condemned as wholly inadequate. Under the new law, which applies across the UK, an organisation will be guilty f corporate manslaughter (corporate homicide in Scotland) where a fatality was caused by a "gross breach" f a duty f care and the handling f the organisation's activities by senior management contributed substantially to the breach.
10 Pages(2500 words)Essay
The Corporate Manslaughter Reform
The US Court in 1909 held that corporations could be held liable criminally for acts or omissions including failure of an agent acting within the scope of his employment. Corporation will be held liable for the illegal acts of its employees if the employees act within the scope of their authority and intend to benefit the corporation.
12 Pages(3000 words)Essay
Law on Involuntary Manslaughter
Precisely, manslaughter can be classified into two. The first one is voluntary manslaughter, and the other is involuntary manslaughter. Voluntary manslaughter can be distinguished as homicide if the death of a person is caused by an intentional act provided that the special requirements for the offences of murder, manslaughter, homicide at the request of the victim, complicity in suicide or infanticide are not fulfilled.
31 Pages(7750 words)Essay
DISPUTE RESOLUTION: ARBITRATION ASSIGNMENT = Q5
The powers contained in Section 41(3) are broad in its application. Since there are no provisions to the contrary, the powers of an arbitrator to strike out an action for want of prosecution are no different than the powers
4 Pages(1000 words)Essay
Critically assess the provisions of the Corporate Manslaughter and Corporate Homicide Act 2007
?corporate manslaughter,” which occurs when a workingman’s death is caused by gross negligence or failure of management to introduce and maintain basic safety standards. Although it has been duly criminalized in many countries, the law used to prosecute the offense is often
10 Pages(2500 words)Essay
Criminal Law involuntary manslaughter; corporate homicide
It levies additional burden on the corporate organizations which goes way beyond the petty penalties or fines that such organizations are usually made to pay as compensation, through civil litigation suits filed against them and holds them
12 Pages(3000 words)Essay
United arab emirates stand agaisnt ISIS
This response entails committing material and political support and backing to the collected international efforts to contain and neutralize ISIS (Khan 1). It
2 Pages(500 words)Essay
Let us find you another Essay on topic Corporate Manslaughter Law for FREE!
Contact us:
+16312120006
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us