P1-explain different types and purposes of organisations;public,private and voluntary sectors are legal structures In the world of business are 4 most common types of organisations,which are: 1.the sole trader … Continue reading “Types of organisation and legal structures”
Q1 (1) Children’s Adventure Park’s act has given rise to both civil action and criminal prosecution. By referring to a relevant case, Alton Towers smiler ride crash case. Alton Towers … Continue reading “Occupier’s liability and the doctrine of judicial precedent”
INTRODUCTION In this case study, Imran bought 20 tons of Alfalfa from James with FOB contract. The buyer nominated the ship which is The Hulk and James made the contract … Continue reading “Law problem question – FOB contract”
Martina entered into a contract with Stars & Extras (S & E) providing that she would, in a period of five years, obtain all of her singing work through S … Continue reading “Contract law – problem question example”
A. Jenny and the owner of the white ute In Jenny’s transaction with the owner of the white ute, an offer was established by the owner stating “Good, I … Continue reading “Contract law problem scenario”
Scenario 1: Is Ernie liable to supply antique books to Anita? Scenario 2: Is Ernie obliged to sell the books to Bert at a lower price? Scenario 3: Is Ernie … Continue reading “Contract law problem question – requirements for contract”
The issue is whether Lance can demand back the payment from Avril or not. An agreement is defined in Section 2(e) of the Contract Act as “every promise and every … Continue reading “Legal problem question: free consent”
I asked my self before why we should study law in business? Who want to be lawyer he or she should study law, its not important for me I will … Continue reading “Why is it necessary to study law in business?”
Introduction This paper examines what constitutes legitimate democratic process by considering attempts to justify democracy on purely intrinsic or purely instrumental grounds. These conceptions of democracy are then challenged by … Continue reading “What requirements fall upon the state to distinguish legitimate democratic process from mob rule?”
INTRODUCTION Corporate governance crisis has been witnessed in the first years of the twenty-first century all over the world. In particular crisis like Polly Peck (UK), BCCI (UK), Maxwell (UK), … Continue reading “Corporate governance crisis”
TIMELINE OF MAJOR EVENTS IN THE CASE In this case, United States — Final Anti-Dumping Measures on Stainless Steel from Mexico [later referred to in the project as US – … Continue reading “United States — Final Anti-Dumping Measures on Stainless Steel from Mexico”
Assignment 1 1. INTRODUCTION This document contains advice that will assist the five young professionals in starting their new venture specializing in the retail sector with motivations on the best … Continue reading “Setting up an architect/interior design business (legal)”
INTRODUCTION The main aim of competition law is to protect competition on behalf of consumers and it deals with vertical and horizontal agreements, which restraint on competition, and monopolies. Resale … Continue reading “Competition law – resale price maintenance”
Anuradha Saha, a 36-year-old Ohio (US)-based child psychologist who was visiting India, approached Sukumar Mukherjee, a doctor at Nightingale Diagnostic Centre in Kolkata, on 7 May 1998 complaining of acute … Continue reading “Anuradha Saha and Sukumar Mukherjee (legal case)”
I’ve heard a number of times, especially for customers who receive the sheet with the inventory cost, the following sentence: “Wow, how to die is expensive.” Actually, losing a loved … Continue reading “Legal and financial costs of death”
As mentioned in the first chapter, this paper primarily aims to statutory incorporated doctrine of unconscionability into the Contracts Act 1950. In order to do so, the doctrine of unconscionability … Continue reading “Elements of Unconscionability”
The term ‘Renaissance’ can be traced back to a cultural movement that characterised the period from 14th century to 17th century, and it was during this period that international trade … Continue reading “Competition legislation”
INTRODUCTION During the lectures in the framework of the course Global Law ‘Trust and Succession in a Comparative Perspective’, I got a first introduction on the principle of freedom of … Continue reading “Freedom of testation”
INTRODUCTION 1.1 Background to the study Property can be referred to as the means of designating those things that are commonly recognized as being the possessions of an individual, group … Continue reading “Property and intellectual property rights”
RESEARCH METHODOLOGY In enabling completion of the assignment, we have relied mostly on secondary resources, which include articles, journals and first-hand accounts provided by newspapers, legal luminaries by way of … Continue reading “Status quo and problems faced by Indian infrastructural sector”
INTRODUCTION One of the most important aspects in Conflict of Laws mostly regarding contractual agreements and arbitration agreements is Party Autonomy. Party Autonomy is a choice of law doctrine that … Continue reading “Conflicts of law”
CHAPTER I INTRODUCTION Frontiers are much more than mere intangible boundaries. They represent significant obstacles due to differences in procedure and law. Marriages, which are susceptible to follow traditions and … Continue reading “Matrimonial law – conflict of laws”
The definition of crimes against humanity makes no mention of the motive for such crimes, unlike some initial models for the definition that imply such a requirement. Some States had … Continue reading “Crimes against humanity”
CHAPTER ONE 1.1 BACKGROUND AND PREAMBLE Dating far back to 17th July 1998, one hundred and twenty (120) States adopted a statute in Rome – referred to as the Rome … Continue reading “International criminal law”
Business activities in the oil and gas sector, which definitely involves the extraction of natural resources which are essential for the maintenance and sustenance of so many inventions begins definitely … Continue reading “CONTENTS OF THE CISG”
Abstract Criminal justice System of any country is the basis of establishing, Peace and tranquility, includes not only the judicial system but investigating machinery also. To tame the over flooding … Continue reading “CRIMINAL JUSTICE SYSTEM AND HUMAN RIGHTS”
The Feared Premium Spiralâ Critics of the Affordable Care Act have long stated that the law was doomed to failure because it fundamentally changed the way insurance operates. Insurance relies … Continue reading “The Affordable Care Act”
This highly specialized field of law encompasses most facets of air travel, as well as the operation and regulation of business issues relating to air travel, which requires a comprehensive … Continue reading “AVIATION LAW”
Hate crimes are becoming more and more a problem in todayâs world. Whether it be with police killing unarmed black men, or hate crimes committed against same sex couples itâs … Continue reading “Hate crimes”
INTRODUCTION âThe court is of the view that honesty and integrity are amongst the key characteristics that any employee should possess, no matter what form of employment the employee is … Continue reading “Misconduct in the workplace – legalities”
Separate Legal Personality refers to the concept that shareholders and directors take no responsibility for any liabilities arising as a result of companiesâ action. Additionally, it refers to how upon … Continue reading “Separate Legal Personality”
CHAPTER ONE 1. Introduction The independence of Nations coupled with the fact that Nations of the world transacts and enters business relationships called for a unifying standard and arrangement. The … Continue reading “Lack of uniform law to guide in international transactions (research proposal)”
“Do Not Track” Legislation, a series of legislative efforts to give internet users the option to choose to not have their online behavior tracked by third parties. Regular internet usage … Continue reading ““Do not track” legislation”
In chapter three, the basic concept of law in aviation constitutes this chapter. The meaning of law, in inclination to the legal framework for safety in civil aviation industry is … Continue reading “Law in aviation”
Part 1 A According to the Income Tax Assessment Act (1997), whether the income is assessable income will be affected by the nationality of a person. If the person is … Continue reading “Problem law question on income tax”
The development of IHL had been influenced by religious concepts and philosophical ideas. Customary rules of warfare are part of the first rules of international law altogether. In this process, … Continue reading “International humanitarian law”
A personal liability LLC owners should avoid is voluntary assumption of liability on contract, which a personal guarantee. Small business sometime do not have great credit history and sometimes find … Continue reading “Liability on contract for LLC owners”
The term âthree-strikesâ stems from the reference used in the game of baseball. The three-strikes law essentially means that a criminal is authorized two criminal offenses before âstriking outâ on … Continue reading “The three strikes law and its effects on society”
INTRODUCTION Legal Profession means to present the favor of the client (party) in court of law and presenting from his side. It is his duty towards the profession for which … Continue reading “The Legal Profession”
Literature review Criminality is a huge problem in the United Kingdom and in the Netherlands. Both governments are trying to reduce the high numbers of the different crimes. Because you … Continue reading “A comparison of the criminal offences committed in the United Kingdom and in the Netherlands”
The division of assets in a divorce is riddled with conflict, the value often varies according to the assets relative worth to each of the parties. Although divorce is stressful … Continue reading “Essay: Child custody in divorce proceedings”
‘Efforts were made during the sixth National Assembly to pass a cyber-crime law. Before now six private member bills were introduced at both chambers of the National Assembly seeking to … Continue reading “Essay: BILLS ON CYBERCRIME IN NIGERIA”
The Adoption and Safe Families Act of 1997 (Public Law 105-89) was a major reform with regards to child welfare provisions since being enacted in the early 1980’s (Murray & … Continue reading “Essay: Child welfare policy”
Introduction: The General Agreement on Tariffs and Trade (GATT) were begin From 1948 to 1994, the General Agreement on Tariffs and Trade (GATT) provide the rules for much of world … Continue reading “Essay: The General Agreement on Tariffs and Trade (GATT)”
This essay will critically compare and contrast the role and effectiveness of the ODCE in Ireland with the SEC in the USA. The article will be split into two parts. … Continue reading “Essay: Compare and contrast the role and effectiveness of the ODCE in Ireland with the SEC in the USA”
Introduction Art forgery is a form of misrepresentation of a genuine piece of work, and it could be painting, sculpture or even a work of literature. The range of forgeries … Continue reading “Essay: Art forgery and the law”
Introduction The entire department of law is faced with numerous issues and a number of them are yet to be solved. This can however be aimed at officials who are … Continue reading “Essay: Before the Law”
Monarchy is a form of government in which the supreme partially or wholly owned by one person – the monarch (king, emperor, prince, duke, archduke, Sultan, Emir Khan, to Pharaoh), … Continue reading “Essay: Monarchy”
Introduction Music copyright trials are uncommon, but allegations that a song copies another artist’s work are frequent. For the purpose of this essay, my main focus will be on two … Continue reading “Essay: Blurred lines and Petty squabbles; Plagiarism in contemporary pop music”
Management falls under the micro or intra-organisational section of business ethics (Kretzschmar, Prinsloo, Prozesky, Rossouw, Sander, Siebrits, Woermann, 2012: 21). This section deals with the relationships between the managers and … Continue reading “Essay: Role of managers in medical aids and what legislation expects”
DEFINITION OF ELECTRONIC BANKING The term electronic banking means all day access to cash through an Automated teller machine or direct deposit of pay checks into checking or savings account. … Continue reading “Essay: Electronic banking”
The proposal by the European Commission for an EU single market for electronic communications and to achieve a Connected Continent: How does the proposal seek to uphold (or not) the … Continue reading “Essay: The EU Connected Continent”
Suriname has faced periods of political, economic and social decline since it gained independence from the Netherlands in 1975. However, in the recent years, Suriname has experienced various political, social … Continue reading “Essay: Suriname separation of powers”
All schools must have rules to regulate student behavior. Teachers and administrators are not at liberty to expel or suspend students in the special education program due to procedures and … Continue reading “Essay: School rules to regulate student behaviour and their connection to the law”
Introduction. Early February 2013 in the United Kingdom, Sweden, Ireland and Poland horsemeat was discovered in products sold as beef. A horsemeat scandal was born. (Een vandaag – binnenland ). … Continue reading “Essay: Regulation and the meat sector”
The HSSC referred questions to the European Court of Justice for a preliminary ruling. They questioned: ‘ Whether and under which circumstances a student, being a national of one Member … Continue reading “Essay: Maintenance grants for European Students – the ECJ”
1. MATERIAL FACTS On 6th July 2013 at about 5.00am, the two respondents, then both aged 19, entered a taxi. When the taxi driver became aware the respondents could not … Continue reading “Essay: R v Levy & Drobny”
The case study explains the end goals of both parties and the extent to which they are willing to negotiate on a neutral ground in order to achieve a win-win … Continue reading “Essay: Negotiation and Conflict Case Analysis”
Purpose of Human Resource Policy Requirements in an Organization: Human resources policy is a formal statement of a principle or rule and regulation that members which is part of the organization … Continue reading “Essay: Purpose of Human Resource Policy Requirements in an Organization”
This report is written to study the reasons why abortion should be partially legalized in Asian countries as this topic has been constantly debated for many years in many countries. … Continue reading “Essay: Abortion should be partially legalized in Asian countries”
Every year on November 29th the international community marks the anniversary of the United Nations (hereinafter referred to as the ‘UN’) Partition Resolution 181(II) . It is sometimes forgotten ‘ … Continue reading “Essay: Partition Resolution 181(II)”
In 1990, beginning with California, Colorado, and Oklahoma, many states embarked on term-limit movements that resulted in the adoption of term limits for state legislatures. This was done in response … Continue reading “Essay: Term limit legislation”
Historians, social scientists, environmentalists, social activists, civil societies, policy makers, jurists etc. are debating and writing about the various aspects of environment, including the environmental law, in India. In this … Continue reading “Essay: Environmental Laws in India”
Introduction Women have been experiencing pay discrimination for centuries and unfortunately it continues to do so today. In fact, ‘women make 79 cents for each dollar earned by men, although … Continue reading “Essay: Pay discrimination”
Following the Deepwater Horizon incident in the Gulf of Mexico in April 2010, the European Commission (EC) pressed its primary views on the safety of offshore oil and gas in … Continue reading “Essay: The Deepwater Horizon incident”
Armed groups in Central Africa earn millions of dollars every year by trading minerals extracted from the armed conflict regions of the Democratic Republic of the Congo (DRC). Those minerals … Continue reading “Essay: Conflict minerals”
March 20, 2015 xxxx Dear Mr Carlos Santiago, Mr Alfonso Ribeira owns one hectare land, which he uses for producing ethical foie gras. He does this by using a method … Continue reading “Assignment: Law practical writing”
The main purpose of this research proposal will be to focusing on the Sarbanes-Oxley Act also known as SOX which was enacted on the 30th July 2002. The Sarbanes-Oxley Act … Continue reading “Research proposal: The Sarbanes-Oxley Act”
America has the system of common law, this includes that the courts base their decisions on prior judicial pronouncements rather than on legislative enactment. The judges are obliged to adhere … Continue reading “Essay: The plea bargain”
Marijuana legalization has been a hot topic for last couple of years. Lately it seems that drug policy and the war on drugs has a been in the news quite … Continue reading “Essay: Legalization of Marijuana”
For many years, gaining equality has been an objective of many blacks in America. Having endured slavery, discrimination, and constant denial of their fundamental rights by white Americans, blacks began … Continue reading “Essay: Civil liberties”
The first subquestion to answer the main question, how can the ISM code lead to an optimum safety on board of a product tanker , is: what is the history … Continue reading “Essay: History of the ISM Code”
The promulgation of the SARFAESI Act has been a benchmark reform within the Indian banking sector. The progress below this Act had been important, as proven by the very fact … Continue reading “Essay: The SARFAESI Act”
INTRODUCTION Insurance contracts are a special class of contracts which are guided by certain basic principles like those of utmost good faith, insurable interest, proximate cause, indemnity, subrogation and contribution. … Continue reading “Essay: Insurance contracts”
In the case scenario involving Dr. Anson and Dr. Chitty, the legal question that arises falls in the area of contract law. Dr. Anson and Dr. Chitty enter into a … Continue reading “Law problem scenario between Dr Anson and Dr Chitty”
The attorney’s role in regard to his clients is: ‘As a lawyer, and a member of the legal profession, acting as a representative of clients, an officer of the legal … Continue reading “Essay: The Attorney’s Role”
Summary The current practice of land acquisition by big public infrastructure projects is described. Some countries apply – more or less successfully – land consolidation methods in order to satisfy … Continue reading “Essay: Are there any Alternatives to Compulsory Land Acquisition by Big Public Infrastructure Projects?”
The judicial system is a very complex and elaborate one in any part of the world, even more in a country like United States. Because of its global importance, United … Continue reading “Essay: Judicial review”
The new millennium brings a more widespread and intensified Digital Age with wider internet use. Nikolai Kondratiev (a soviet economist) hypothesized that industrial countries of the world have experienced successive … Continue reading “Essay: Copyright in the Digital Age”
In what ways have our historic roots affected the manner in which criminal investigations are conducted in the United States today? The historic of the law enforcement had a lot … Continue reading “Essay: In What Ways Have Our Historic Roots Affected The Manner In Which Criminal Investigations Are Conducted In The United States Today?”
A. Explain what recourse a defendant has if he or she thinks the prosecutor is using racial reasons as a basis for excluding persons from serving on the defendant’s jury. … Continue reading “Essay: Racial issues in criminal proceedings”
‘A defense attorney should not permit his or her professional judgment or obligations to be affected by his or her own political, business, property, or personal interests (Pollock, 2012).’ One … Continue reading “Essay: Defense attorneys”
To: xx From: xx Date: March 5, 2014 RE: Florida Implied Conditional Gift Advising Jennifer on what she should do with the ring, Dear Jennifer In the state of Florida an … Continue reading “Essay: Advice concerning conditional gifts and engagement rings (US)”
This essay has been removed at the request of the original author.
In the nineteenth century, the central moral challenge was slavery. In the twentieth century, it was the battle against totalitarianism. We believe that in this century the paramount moral challenge … Continue reading “Essay: Islamic family law”
When violence occurs in a relationship, the relationship becomes less powerful, incapable of providing support and a nurturing environment, as it becomes a vehicle for personal destruction and despair. According … Continue reading “Essay: Domestic violence”
Legal claims that derive from a situation where there are claims of negligence can sometimes involve an entity other than the neglectful parties. In certain circumstances employers are fully responsible … Continue reading “Essay: Respondeat Superior”
The word children is applied to infants from their birth but the time when they cease ordinarily to be so called is not defined by custom. A foetus not bigger … Continue reading “Essay: Life and the unborn child”
The law of obligations is traditionally divided into two categories – contractual obligations, which are thought of as being entered into voluntarily and owed only to the parties contracting; and … Continue reading “Essay: Differences and similarities between rights and obligations in contract and tort”
Not every promise made is enforceable in law by the Courts, as this would clearly be impractical. A promise backed up by consideration gives a reason for enforcement [Atitah, p.200]. … Continue reading “Essay: Consideration”
The rules of the adversary system of trial ensure that justice is met. The system appears to satisfy instinctive notions of justice and fairness. THE PARTICIPATION The prosecution must have evidence … Continue reading “Essay: The rules of the adversary system of trial ensure…”
The background of the case rotates in depth on issues pertinent to the rights to be granted an attorney and self-incrimination as enshrined in the 5th amendment under the United … Continue reading “Essay: Miranda v. Arizona”
From September 2000 German national Ms Förster was granted a maintenance grant from the IB-Group (‘the administrative body enforcing Dutch legislation relating to financing of studies’) because she was regarded … Continue reading “Essay: Case C-158/07, Jacqueline Förster v. IB-GROEP”
Now that the value of Big Data is more clear, it is necessary to look at how all this data is protected through Europe. First the European Union will be … Continue reading “Essay: Data protection within the European Union”
Suicide ceased to be a criminal offence in England and Wales with the passing of the Suicide Act 1961 s(1) but the same Act made it an offence to assist … Continue reading “Essay: The law on suicide and assisted suicide”
The MAIN differences between contract and tort are listed below: Duties in tort are determined by the law – duties in contract are chiefly determined by the parties. In other … Continue reading “What are the differences between ‘contract’ and ‘tort’?”
The doctrine of binding precedent or stare decisis is central to the English legal system, and to the legal systems that derived from it such as those of Australia, Canada, … Continue reading “Law notes: Stare Decisis”
Quantum Meruit is a Latin phrase meaning “as much as he has deserved”. This claim is also referred to as “unjust enrichment.” In the context of contract law, it means … Continue reading “Law notes: Quantum Meruit”
The role of Judges in the English legal system is to interpret and uphold the law, as laid down in statutes by parliament, and to uphold principles of common law, … Continue reading “Essay: The role of judges”
The doctrine of duress is well established in English Law and allows a party to the contract to set aside the terms of an agreement by showing evidence that pressure … Continue reading “Essay: The doctrine of duress”
Discuss the doctrine of separation of powers. Do you think that the separation of powers in the United Kingdom is sufficient? Separation of powers is a principle set out by … Continue reading “Essay: The doctrine of separation of powers”
Secret trusts arise where a testator explains to X that they want property to be held on trust for Y and then leaves the property to X in their Will. … Continue reading “Essay: Secret trusts”
The work involved in investigating an unregistered title is far greater than that involved with a registered title. Ownership of unregistered land is evidenced by deeds, mostly conveyances. The Seller … Continue reading “Essay: The Land Registration Act”
As the New Year approaches, many of us start to think of ways we would like to improve our lives. For some, it’s a plan to make more money, or … Continue reading “Reviewing contracts: small business owners”
Contracts of employment can comprise of both express and implied terms. Express terms are those set out in the contract, and implied terms are those read into the contract by … Continue reading “Essay: The implied duty of trust and confidence in employment contracts”
The concept of vicarious liability is that one person has legal responsibility for a tort committed by another person. In an employment scenario for example, an employer will generally be … Continue reading “Essay: Vicarious Liability”
“A Romalpa clause is an effective weapon which protects an otherwise unsecured creditor.” Discuss and critically analyse this statement. Introduction Remedies for the unpaid seller For the majority of sales contracts, … Continue reading “Essay: Romalpa clauses”
The Working Time Directive has proven to be one of the most contentious areas of EC Law to have been introduced into Britain. Directive 93/104 specifies the number of hours … Continue reading “Essay: Working Time, Sex and Nationality Discrimination”
Where dishonesty is discussed in statute, it’s only negatively defined. Section 2(1) Theft Act 19681 gives the three situations in which a defendant isn’t dishonest in appropriating property. Where none … Continue reading “Essay: The Ghosh Test”
A share may be described as “an interest of a shareholder in a company measured by a sum of money for the purpose of liability in the first place and … Continue reading “Essay: Maintenance of share capital”
Social contracts are used to denote an agreement within a state while dealing with the rights and responsibilities of the state and its citizens. All members within a society are … Continue reading “Essay: Social contracts”
An essential element to establishing a claim of Negligence is that the breach of a duty of care by a Defendant caused loss suffered by a Claimant – or, there’s … Continue reading “Essay: Causation”
The principle governing the award of damages in tort, is as nearly as possible to put the claimant in the same position they would have been in if the tort … Continue reading “Essay: Tort – assessing damages”
Scenario (1) raises the question of whether George can obtain vacant possession of the flats occupied by Bella, Charles, David, Eva and Fiona. There are two types of interest in … Continue reading “Essay: Land law problem question”
Leave to Enter: Under Section 3 of the Immigration Act 1971 a person without the right of abode may enter the UK if given leave to enter. Leave may be limited … Continue reading “Essay: UK immigration”
To establish a claim in Negligence, the Claimant must show that the Defendant owed them a duty of care, which means the Claimant must have been able to reasonably foresee … Continue reading “Essay: Establishing a negligence claim”
Explain how the concepts of separate legal personality and limited liability give rise to the circumstances Gilbert and Sullivan describe. Do you think that the law goes far enough in … Continue reading “Essay: Separate Legal Personality of a Company”
This article looks at the requirements and formalities for a valid trust. In UK law, a trust is an arrangement involving three classes of people; a Settlor, Trustees and Beneficiaries. … Continue reading “Essay: Trusts and certainty of intention”
Equality and diversity initiatives in the workplace is link to business performance. Due to concept of equality and diversity value chain provides connections between investing in equality and diversity initiatives … Continue reading “Essay: Equality and diversity initiatives in the workplace”
Recently in these few years, the awareness of ADR was just started to grow in all over the world. Therefore, ADR is still fresh and new in some of the … Continue reading “Dissertation: Certification and Training Programme of a Mediator”
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. It is a product of … Continue reading “Essay: Is intellectual property a human right? Critically discuss”
Find the case of MM (an adult) Local Authority X v (1) MM (by her litigation friend, the Official Solicitor) (2) KM  EWHC 2003 (Fam). Analyse this case and … Continue reading “Essay: Finding and analysing a case, producing a case review”
Alarming increase in money laundering and terror activities forced international community to focus and devise methods to tackle this cancerous problem. The magnitude of problem made sure that international community … Continue reading “Essay: International initiatives to fight money laundering”
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When investigating the grounds on which a defendant can be found criminally liable for an offence, the courts often apply the principle of actus reus (guilty act). This may include offences such as assault and harassment. Unlike other areas of law, criminal law requires that the accused acted with a guilty state of mind. This is refered to as mens rea. Fundamentally, a person cannot be convicted of an offence if he had made a genuine mistake. Application of mens rea in the courts has nothing to do with notions of evil,moral fault or knowledge of the wrongfulness of the act. Instead it refers to the state of mind expressly required by the definition of the offence charged. Therefore, this differs from offence to offence. Typical instances of mens rea include; the accused intended to cause the harm, or he/she foresaw that his/her actions may cause harm to the victim, or the offender was negligent, or the accused intended to commit some criminal offence, but the result was more serious than expected. This is termed as constructive liability.
Section 20 of the Offences Against the Person Act reads; '' Whosoever shall unlawfully and maliciously wound or inflict grevious bodily harm upon any other person....shall be guilty of that offence, and being convicted thereof shall be liable....to imprisonment for a term not exceeding five years.'' In order for the court to convict Barry contrary to section 20, the actus reus of the offence must be established; unlawful wounding or unlawful infliction of grevious bodily harm. Firstly, a wound is formed when the whole continuity of the skin is broken. Therefore, a scratch which does not break the inner skin, or an internal rupture of blood vessels, does not qualify as a wound. In reference to the case on hand, if the court decide that Peter's skin has broken as a result of the laser treatment carried out by Barry, the defendant may be held liable. Furthermore, the nature of the defendant's act agrees with the material words ''whosoever shall unlawfully'', as he lied to Peter that he was a qualified doctor, when in fact he was a medical student. Therefore, in that sense he was unlawful.
On the other hand, if it is found that Peter's side effect does not amount to a wound, although Barry's act still remains unlawful, he cannot be found liable under section 20 of the 1861 Act. The case of C. v. Eisenhower  Q.B 331 provides authority for this argument. The defendant shot the victim with an air pistol causing bruising and rupturing internal bleeding. However, the defendant was acquitted as there was no wound.
Secondly, the remaining actus reus of the offence is the unlawful infliction of grevious bodily harm. The word 'inflict' implies that the consequence of the defendant's act is something that the victim will find unpleasant or harmful. Grevious bodily harm means ''really serious harm''. Therefore, the critical question: does Peter's injury reflect ''really serious harm'' ?, is a question of fact for the jury. Furthermore, over the past century, the law has stated that the words ''wound'' and ''inflict grevious bodily harm'' require evidence of an assault. An assault is committed when the accused intentionally or recklessly causes the victim to apprehend immediate and unlawful personal violence. In relation to the present case, the defendant may be acquitted under section 20 of the 1861 Act, because he did not cause the respondent to fear immediate unlawful force to his body, as the respondent consented to the defendant's practice. This arguement is supported by the case of R. v. Clarence  22 Q.B.D 23. The defendant was convicted of inflicting grevious bodily harm and assault occasioning actual bodily harm on his wife, having infected her with venereal disease during consensual intercourse. The defendant appealed on the grounds that his wife gave her consent. In response the prosecution argued that the wife would not have consented if she had been aware of her husband's condition. The court allowed the appeal on the basis that consent was not obtained by fraud and so there was no assault. Similarly, in the present case, Barry did not obtain Peter's consent by making him apprehend immediate violence to his body. The respondent consented as a result of his own will.
In contrast with the arguement expressed above, there have been cases where the establishment of assault has been ignored. This was confirmed by Lord Roskill in reference to the Australian case of Salisbury  VR 452; '' I am content to accept....that there can be an infliction of grevious bodily harm contrary to section 20 without an assault being committed.'' Therefore, if the respondent's bodily harm is recognised as 'grevious', he may be liable. The facts of the case reveal that as a result of the laser treatment the victim's skin became inflamed and he suffered severe pain for two months. Therefore, the defendant's act agrees with the material words; ''inflict any grevious bodily harm'', as the victim found the consequences of his actions unpleasant and harmful.
When considering the defendant's liability under section 20 of the Offences Against the Person Act 1861, the court must establish the mens rea of the offence; the defendant must have ''maliciously'' caused wounding or inflicted grevious bodily harm upon the victim. The word ''maliciously'' in this sense does not mean 'spitefully' or 'ill-will', but requires evidence that the defendant caused harm to the victim either 'intentionally' or 'recklessly'; which in this context is given its subjective meaning, which requires foresight of the consequences. However, this element of the offence gives way to the critical question; Must the defendant intend or foresee either wounding or grevious bodily harm? The answer to this question was confirmed by the judgment of Lord Diplock in R v Mowatt  3 All ER 47; '' It is quite unnecessary that the accused should have forseen that his unlawful act might cause physical harm of the gravity in the section, i.e. a wound or serious physical injury.'' Therefore, from this quote one can derive that it is not sufficient that the accused ought to have foreseen harm, but if he did.
Although the defendant 'intended' to carry out the laser treatment on the victim, the facts of the case do not indicate that he 'intended' to cause physical harm to him. Nevertheless, an element of 'recklessness' may be established from the facts of the case. Firstly, the facts describe Peter as having a ''potentially serious skin condition''. Secondly, in a statement made by Barry on the same day that he treated Peter, he claimed; ''I bet that I could cure a skin condition with a laser without any proper training at all.'' From this evidence, the prosecution may derive that as the defendant lacked great experience in the medical field, he created an obvious and serious risk, but gave no thought to that risk. This argument is bound by the case of R v. Caldwell  A.C 341. The defendant set fire to a hotel and was charged with, inter alia, arson contrary to Criminal Damage Act 1971, section 1(2). He claimed that he was extremely drunk, and so the risk of endangering other lives had not occured to him. The question on appeal was if self-induced intoxication was relevant to the charge. In response the court held that it was irrelevant to the charge. Lord Diplock in his judgment claimed that recklessness also includes failing to give any thought to whether there is a risk, when, if thought were given, it would be obvious that there was. Therefore, applying this interpretation, denies the defendant's argument in the present case that his lack of medical experience prevented him from realising a risk. The reason being, if he had given thought to the consequences, it would have been obvious that his inexperience would lead to serious injury.
On the other hand, as section 20 of the 1861 Act applies the subjective meaning of the word 'reckless', this casts a shadow of doubt over the defendant's liability. Opposition could claim that Barry's lack of medical experience prevented him from foreseeing the consequences. This argument is supported by the facts of the case which reveal that, ''any qualified doctor would have foreseen'' the side effect of the laser treatment, indicating that a non-qualified may not. The case of R v. Cunningham  2 All E.R 412, CA provides authority. The defendant broke into a gas meter to steal the contents. The gas escaped, partially suffocating the victim. The defendant was convicted of ''maliciously'' administering a noxious thing on a direction that ''maliciously'' meant ''wickedly''. The courts allowed the defendant's appeal on the grounds that ''maliciously'' indicates the requirement of evidence, declaring either the intention or recklessness towards the act. This subjective test, means that those incapable of anticipating risks are not reckless. Therefore, in relation to the case on hand, Barry was incapable of realising a risk to the victim, as he lacked medical experience.
Alternatively, the statement made by Barry; ''I bet that I could cure a skin condition with a laser without any proper training at all'', could be interpreted as negligence, and not recklessness. If that is established the defendant cannot be liable contrary to section 20 of the 1861 Act, as it is not a basic ingredient of the offence.
When considering the defendant's liablilty under section 47 of the Offences Against the Person Act 1861 the actus reus must be established, which is satisfied by proof of an assault or battery, which additionally occasioned the 'actual bodily harm'. The meaning of 'actual bodily harm' was confirmed by Lord Lynskey in Miller  2 QB 282 ; ''Actual bodily harm means any hurt or injury calculated to interfere with the health or comfort of the victim; such hurt or injury does not have to be permanent, but must be more than transient or trifling.'' The mens rea for the offence required to be proved is that of assault or battery. In the case of assault it is sufficient that the accused intended to cause the victim to apprehend immediate application of unlawful force to his body, or was subjectively reckless as to whether the victim might so apprehend. In the case of battery, it is required that the defendant either intended to apply unlawful force, or was subjectively reckless as to whether such force might be applied. Applying these rules to the case on hand, the defendant's liability is weakened as he did not commit an assault. The victim was not made to fear the application of unlawful force upon his body by the defendant's actions.
On the other hand, prosecution may argue that a battery was committed. The actus reus of battery requires the ''application of unlawful force to the body of another.'' ''Application of force'' means strength or energy. The slightest degree of touching will qualify as application of force. In relation to the present case, the nature of Barry's act agrees with the ingredients of the offence. Firstly, the mens rea can be confirmed on the basis that Barry intended to apply unlawful force, in the sense that he lied to Peter that he was a qualified doctor, making his act unlawful, and claimed that he could cure a skin condition ''without any proper training at all'', confirming his intention to apply the force. Secondly, it was his application of force which occasioned the bodily harm, as the victim developed a side effect as a result of the laser treatment practiced by Barry. The case of R v. Vienna  QB 421 provides authority. The defendant was convicted of actual bodily harm, having fractured a bone in a policeman's hand whilst being arrested. He appealed against a direction that recklessness was sufficient mens rea for battery. However, the courts dismissed the appeal as mens rea for battery is satisfied by proof that the defendant intentionally or recklessly applied force to another person.
In response to the conviction under section 20 and/ section 47 of the 1861 Act, the defendant may defend himself on the basis of consent, weakening the prosecution. This is supported by the case of P v. Clarence  22 QBD 22. The defendant was convicted of inflicting grevious bodily harm and assault occasioning actual bodily harm on his wife, having infected her with venereal disease during consensual intercourse. He appealed on the basis of consent. The courts allowed the appeal.
On the other hand, consent may be dimissed as a defence to an offence. Peter claimed that had he known that Barry was not a qualified doctor, he would never have consented to the treatment. This negates the use of consent as a defence, because the respondent was unaware of the defendant's reality. This interpretation is supported by the case of R v. Tabassum  Crim LR 686. The defendant developed a database in breast cancer. He approached three women, giving them the impression that he was a qualified doctor. The three respondents' charged the appellent with indecent assault. The critical question was; Had the women given real consent? According to Tabassum, he had told the women why he was examining their breasts. However the courts in this case, unlike in R v. Clarence  22 QBD 22 held a different verdict. They distinguished between acts practiced by a qualified and non-qualified doctor. Therefore, Tabassum's appeal was dismissed because the consent was invalid. The victims', like Peter had consented to the 'nature of the acts' and not the 'quality of the acts'.
In conclusion it may be more likely for the court to find the defendant liable contrary to section 47, O.A.P.A 1861, because although Barry believed that the respondent consented, the consent would be invalid, as Barry would not have intended to apply force, but unlawful force on the basis of the facts. Nevertheless, if this interpretation is incorrect the defendant may liable contrary to section 20, if the mens rea of the offence is established and Peter's skin condition qualifies as wound or grevious bodily harm.
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