General Flashcards
Vicarious liability
Liability is imputed to one person or company on the basis of what another person did (or failed to do), even though the actors do not share a common purpose. Employer-employee, principal-agent, it does not arise at common law; conduct in the scope of employment
Corporate liability
It refers to situations where a corporate entity-generally a company, but sometimes another entity having a legal identity separate from its consistent members - has itself engaged in criminal conduct and is accordingly held criminal responsibility for it’s own acts or omissions
Controlling mind
Doctrine, which requires that a sufficiently senior person (or group of persons acting collectively) is identified as the mind behind the company's action. Purcell Meats (Scotland) Ltd v McLeod 1987; Transco PLC v HM Advocate (No 1) 2004; Tesco Supermarkets Ltd v Nattrass 1972
S.294 Criminal Procedure (Scotland) Act 1995
Any attempt to commit a crime is itself criminal
Coercion
The defence that the accused was forced to commit a crime against their will by another person
Theft
AR - appropriation of corporeal moveable property belonging to another without the owner’s consent.
Embezzlement
The dishonest appropriation of property which is entrusted to the accused by the owner, where the accused has a power to administer that property and a duty to account.
Fraud
AR- the use of a false pretence that deceived another and causes a definite practical result; show that the deceived party would have otherwise acted differently
Aclock v Archibald 1925
Uttering
Committed where a person (1) deliberately exposes a forged document to another person as if it was genuine; the exposure is to the prejudice of another; and the forged document passes beyond the control of the person uttering it
Extortion
Use of threat to obtain an advantage; Carmichael v Black
Bribery
Bribing involves offering, promising or giving a financial or other advantage to another person, where the briber intends this to induce a person to perform improperly a relevant function or activity, or to reward a person for such improper performance, or where the briber knows or believes that the acceptance of the advantage would itself constitute such improper performance
Health and Safety at Work etc. Act 1974
All employers have to comply with them; s2(1) “it shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees”; s2(3) employs more than 5 to prepare and keep updated written statement of his general policy;
The Management of Health and Safety at Work Regulations 1999
Employer self-employed person to undertake a suitable assessment risk; obligation to control, review their health and safety provision.
The Provision and Use of Work Equipment Regulations 1998
Suitable equipment for intended purpose, maintenance
The Manual Handling Operations Regulations 1992
Manual handling which involve a risk of being injured
The Manual Handling Operations Regulations 1992
Manual handling which involve a risk of being injured
The Health and Safety (Display Screen Equipment) Regulations 1992
Assess suitability of work stations and train users
The Corporate Manslaughter and Corporate Homicide Act 2007
S.1(1) the way in which its activities are managed or organised - (a) causes a person’s death, and (b) amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased
Competition law
Prohibit anti-competitive practices; the Competition Act 1998; EU law by arts 101 and 102 the Treaty on the Functioning of the European Union; CA and art 101 prohibit arrangements between businesses which have the capacity to affect trade in the UK or EU and have, as their object or effect, the restriction of competition in the UK or EU. Eg Price fixing, market sharing agreements. CA 1998 and art 102 prohibit conduct which amounts to abuse of a dominant position; and affects trade in the UK or EU. eg predatory pricing Aberdeen Journals Ltd v Director General of Fair Trading 2003 CAT 11; R v Whittle, Brammar and Allison 2008 EWCA Crim 2560
Merger Control
Enterprise Act 2002 as amended by Regulatory Reform Act 2013
Environmental law
Environmental Protection Act 1990; many regulations
Procedural regulation
Is where the law is not concerned with the outcome of a given regulatory process, but requires only that a particular process be gone through before a decision is reached.
Contract
An agreement which creates or is intended to create a legal obligation between the parties to it Gloag
Agreement
The need for two or more parties; the general lack of need for particular formality; agreement which intended to create legal obligation will constitute a contract
Unilateral gratuitous promise
- formal writing or in the course of business, no acceptance, obligation on one person
Consensus in idem
Meeting of the minds
Muirhead and Turnbull v Dickson 1905
Piano, hire purchase, credit sale, although consensus in idem commercial contracts not in inmost minds but what people say
Mathieson Gee Ltd v Quigly 1952
Pont equipment service what was agreed, no contract
Invitation to treat
Is not an offer but merely an announcement that one would like others to come forward and make an offer
Carlill v Carbolic Smoke Ball Company 1893
Advert. Influenza after 2 weeks of usage £100, deposit in bank, offer.
Fisher v Bell 1961
Flick knife not guilty displaying was not an offer to sell but merely an invitation to treat
