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Flashcards in Corporate governance Deck (23)
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1

When is the employer liable for crimes requiring MENS REA?

If the crime is committed during the course of business

2

When is the employee liable for crimes requiring MENS REA?

If the employee does not act as an agent of the company

3

What happens if a store advertises the wrong price for a product?

The store can still refuse to sell it. Once sold, however, the buyer may keep it if desired

4

What happens if a company advertises the wrong price for a product online?

It depends on the terms and conditions

5

Corporate manslaughter

Holding a company responsible as well for individual manslaughter due to poor company practices, etc.
Especially in the case of gross negligence

6

Involuntary manslaughter
--> types (2)

When there is a homicide without any intention of it happening
1. Constructive
2. Negligent

7

Constructive manslaughter

A dangerous yet unintentional act that led to the murder

8

Negligent manslaughter

When a death occurs from serious negligence of something
i.e. doctor forgetting scissors in the body during surgery

9

Basic principles of criminal law (2)

1. Actus reus - Act or omission being sought to prevent
2. Mens Rea

10

Actus reus

The physical act of the crime;
The jury has to prove that the accused party is responsible for a deed prohibited by criminal law

11

Mens rea

describes the mental state a person must be in while committing a crime for it to be intentional.
It must show beyond any reasonable doubt that the suspect actively and knowingly participated in a crime that harmed another person or their property.

12

Strict liability crimes

NO mens rea needs to be proven
Mostly statutory offences

13

Offences against property
--> Categories (2)

1. Fraudulent
2. Non-fraudulent

14

Fraudulent offences against property (3)

1. False representation
2. Failure to disclose information
3. Abuse of its position

15

Non-fraudulent offences against property (4)

1. Theft
2. Burglary
3. Blackmailing
4. Criminal damage

16

Types of actus reus (3)

1. Conduct crime - constituted by behaviour
2. Result crime - Requires a particular result or consequence
3. Omission - No criminal liability for NOT acting, UNLESS a law imposes otherwise

17

Types of Men Rea (3)

1. Intentional
- Direct: Consequence is desired
- Indirect: Forseen as certain even if not desired
2. Recklessness - take an unjustifiable risk
3. Negligent - Failure to meet the standard of a responsible person in the situation

18

Corporate fraudulent offences (4)

1. False disclosure of information
2. Bribery
3. Insider dealing
4. Hacking

19

Non-fatal offences (4)

1. Assault - Putting in fear of being physically harmed
2. Battery - Hostile interference with the body of someone
3. Actual bodily harm - Less than grievous but more than battery
4. Grievous bodily harm - Really severe harm

20

Assault

Putting in fear of being physically harmed

21

Battery

Hostile interference with the body of someone

22

Grievous bodily harm

Really severe harm

23

Actual bodily harm

Less than grievous but more than battery