Parties to an offence
Explain the elements of negligence and strict liability, and describe any differences between the two terms.
The elements of negligence include: legal duty of care, breach of duty and loss or damage. In a court of torts, the plaintiff should prove that the defendant owed him a legal duty of care and was aware that his or her negligent actions would breach that duty of care (Noee, 2016). The elements of strict liability include: the thing, accumulation, non-natural user of land, escape and damage. Strict liability tort arises when there is no intention to cause harm or negligence. For example, harm caused by storage of flammable gases and explosives. Negligence on the other hand, occurs when a person has ought to have seen the consequences of his acts but avoided those acts altogether. Negligence will lender a person liable in court. For example, in driving, if the driver does not stop on a green light and thus hits a passenger, that is called negligence
Define the terms crime and white-collar crime. Detail the difference between who typically commits these types of crime. Provide an example each.
A crime is an authorized act or a public wrong against the state. It is either violent or non-violent and its usually used to benefit a group with a hierarchal internal structure. White collar crimes are usually committed by business people. They include such crimes such as Ponzi schemes and embezzlements. The offenders of a white-collar crime are punished individually whereas those who have committed crimes are punished separately but also as a group. Those who commit white-collar crimes mask themselves as business people whereas blue collar crimes are hidden behind respected places such garages.
Define slander and libel, and explain how the two defamation types are related. Provide an example each.
Slander is an express or implied statement used by a person to injure the reputation of another. For instance, if a person calls another a prostitute, he or she will defame the other person. On the other hand, libel is a defamatory statement made in some permanent form such as writing, printing, and pictures (Noee, 2016). For example, if person A writes an article defaming person of B without his or her knowledge, person A will be charged of libel.
Explain a Ponzi scheme, and explain whether someone has to engage in insider trading to carry out the scheme.
A Ponzi scheme is a fraudulent investing scam promising high rates of return with little risk to investors (Noee, 2016). The person carrying out the scheme has to engage in insider trading. He or she takes money from new investors to pay off initial investors. Because the old investors will be contented no one will be complaining.
Noee, E. (2016). Attribution of Liability Among Multiple Tortfeasors Under Negligence Law: Causation in Iran and England. J. Pol. & L., 9,219.
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