Essay
Apply the elements of liability for corporate manslaughter
- Institution
- PEARSON (PEARSON)
BTEC UNIT 24 Apply the elements of liability for corporate manslaughter
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Describe the elements of liability for corporatemanslaughter
Introduction
In this task it would be described the elements of liability for corporate manslaughter
and therefore what liability and corporate manslaughter is.As a result in order to be
guilty of a crime the defendant must have both the actus reus and mens rea of the
offence that he has been charged with. Where someone dies, the defendant may be
guilty of murder, voluntary manslaughter, or involuntary manslaughter, or in the case
of a company, corporate manslaughter. Therefore the differences between these
offences will be explained below.
What is liability?
It is one of the most significant words in the field of law, liability means legal
responsibility for one's acts or omissions. Failure of a person or entity to meet that
responsibility leaves them open to a lawsuit for any resulting damages or a court
order to perform . In order to win a lawsuit the suing party 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 fulfill 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 the acts which constitute
a crime, thus making the individuals subject to conviction and punishment.
What is corporate manslaughter?
Corporate manslaughter is a criminal offence in English law, being an act of
homicide committed by a company or organisation. In general, in English criminal
law, a juristic person is in the same position as a natural person, and may be
convicted for committing many offences.
A company and its directors can be held criminally liable if an employee dies on its
premises due to the companies negligence.To prove corporate manslaughter a
number of things must be proven:
1) Must be a qualifying organisation - This means that the company or organisation
that is being held liable fits within the recognised criteria, which is a private limited
company or a public limited company.
2) The organisation causes a person's
Death - It must be shown that the company was the ‘cause’ of the death. This is
established by showing that the person would not have died if the situation had not
occurred or the situation was the main cause of the death.
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