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论文作者:留学生论文论文属性:案例分析 Case Study登出时间:2011-04-06编辑:zn1987点击率:4502
论文字数:4019论文编号:org201104061148163313语种:英语 English地区:英国价格:$ 66
关键词:Company managementCorporate liabilityCorporate
Criminal Lawyer
2007
Legislative Comment
Corporate Manslaughter and Corporate Homicide Act 2007 explained
Sally Ramage
Subject: Criminal law. Other related subjects: Company law. Health and safety at work
Keywords: Company management; Corporate liability; Corporate manslaughter; Criminal liability;
Health and safety at work
Legislation: Corporate Manslaughter and Corporate Homicide Act 2007
*Crim. Law. 5 The Corporate Manslaughter and Corporate Homicide Act 20071 received Royal
Assent on 26 July 2007. It will come into force on 6 April 2008 and will create ahttps://www.51lunwen.org/customEssay/ new statutory offence
of corporate manslaughter (or ‘corporate homicide’ in Scotland), replacing the common law offence of
manslaughter by gross negligence.
Under the existing law, for a company to be successfully prosecuted, it is necessary to identify a
senior manager who is the ‘directing mind’ of the company, for whose shortcomings the company can
be held liable, and for that person individually to be guilty of manslaughter. The few successful
prosecutions for corporate manslaughter were all brought against small organisations with a simple
management structure
1.The new corporate manslaughter offence will make the company (or other organisation) owe a duty of care to the victim, whether as employer, occupier of land, supplier of goods or services or in carrying on construction or maintenance activities or indeed any other activity on a commercial basis. Such a victim may be an employee (including an agency worker or contractor), a customer or a member of the public; and the company must be in breach of that duty of care by virtue of the way in which any of the company's activities are managed or organised by its senior management and that management failure must constitute a ‘substantial element’ of the breach
2. Such senior management
failure must have caused the victim's death
3. and the breach of duty of care must be a ‘gross’ breach,
i.e. conduct falling far below what can reasonably be expected of the company or organisation in the circumstances.
The new offence of corporate manslaughter will be committed by the company itself
4. Whilst the
conduct of the company's directors or senior management will be relevant to establishing liability on the part of the company, those individuals cannot be held personally liable under the Act. However, directors 代写留学生论文could be prosecuted separately under existing health and safety legislation or for manslaughter where it can be shown that their personal conduct amounts to an offence.
5. Disqualification proceedings under existing legislation are also possible in certain circumstances.
Directors have duties, as per the Companies Act 2006, these duties being- to act within the company's constitution and only exercise powers for a proper purpose; to act in good faith and to promote the company's success; to exercise independent judgement; to exercise reasonable care, skill and diligence; to avoid conflicts of interest; not to accept benefits from third parties and to declare interests in arrangements with the company. Breaches can incur disqualification. The offence can also be committed by public bodies, including various Government departments
6. Crim. Law. 6 and
the police force
7. Partnerships are also covered by the Act.
There are no specific provisions in the Act dealing with the liability of a par本论文由英语论文网提供整理,提供论文代写,英语论文代写,代写论文,代写英语论文,代写留学生论文,代写英文论文,留学生论文代写相关核心关键词搜索。