Essay
Unit 24 P2
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Essay of 4 pages for the course Unit 24 - Aspects of Criminal Law Relating to Business at PEARSON (Unit 24 P2)
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By: cameronbaikie • 6 year ago
By: sahana2013 • 6 year ago
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IntroductionIn this task I am going to describe the liability of business organisations and their employees
for crimes.
Scenario
London Overground situation, they would like you to describe, with examples, the difference
between corporate and individual liability.
Jimmy an employee of London Overground is supposed to check that the trains are checked
for safety and maintained before they leave the shed in the morning and during the day.
Jimmy is late to work and so he tells his manager that he hasn't had time to check all the
trains. His manager Samuel tells him 'not to worry about it'. Thomas, a train driver leaves the
train depot in a train that has not been safety checked that morning. He begins his journey to
pick up passengers but there is a fault with the train. He loses control, crashes and dies.
Decide whether the company Great Western Trains is responsible for Thomas' death.
The Great Western Trains is responsible for Thomas’ death because the train has caused
Thomas’ death. The company is a legal person just like an individual so it is capable of being
prosecuted.
Decide whether Samuel is responsible for Thomas' death and breaking health and
safety rules.
Samuel is responsible for Thomas’ death because he told Jimmy ‘not to worry about it’ (to
check if all the trains are safe to use). Samuel is liable for vicarious liability as it refers to a
situation where someone is held responsible for the actions or omissions of another person.
Decide whether Jimmy is responsible for Thomas' death and breaking health and
safety rules
Jimmy is responsible for Thomas’ death because he did not fulfil his job to check the trains
for safety. Jimmy is liable for individual liability and can be prosecuted to prevent future
corporate wrong doing.
Liability
Liability means legal responsibility for one's acts or omissions. Failure of a person or entity
to meet that responsibility leaves him/her/it open to a lawsuit for any resulting damages or a
court order to perform. In order to win a lawsuit the suing party (plaintiff) must prove the
legal liability of the defendant if the plaintiff's allegations are shown to be true. This requires
evidence of the duty to act, the failure to fulfil that duty and the connection of that failure to
some injury or harm to the plaintiff. Liability also applies to alleged criminal acts in which
the defendant may be responsible for his/her acts which constitute a crime, thus making
him/her subject to conviction and punishment.
Vicarious liability
1
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