Dissertation Thesis: Corporate Manslaughter in the UK - page 1
Keywords: Corporate Manslaughter in the UK: Are there enough laws in place to say that the deaths are crimes and not accidents?
By artclub on 14/08/2010
Level: Master's degree (MA, MBA, MSc, MEng, MRes, MPhil etc)
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Corporate Manslaughter in the UK: Are there enough laws in place to say that the deaths are crimes and not accidents?
Abstract
The number of casualties of corporate manslaughter in the country is not diminishing annually as expected by the government. Due to this, the workers are hesitant to work since there could be underlying conditions and unsafe environments in their workplaces throughout the country. Despite the rampant advocacy of non-profit organizations and other governing bodies against corporate manslaughter and corporate homicide, alongside with the standards set by the Government and other organizations which should have ensured the safety and well being of employees, there are more and more cases which are growing alarming as the figures continue to rise. This phenomenon has captured the author’s interest, and the researcher would want to settle the question of whether or not there are ample laws in the country which will safeguard the wellbeing and holistic growth of employees, workers, and staff members. The paper aims to differentiate the obvious distinctions between corporate manslaughter and accidental corporate manslaughter. This paper also aims to inform participants and readers alike of their rights as an English citizen, and how to get the most out of the laws which are in place for the general welfare of the people. With the increasing number of corporate deaths in the country, it is about time that the people be aware of their rights and what is going on in their environments.
Table of Contents
CHAPTER I 5
Introduction 5
1.1 Corporate Manslaughter Defined 5
1.2 Brief outline of various doctrines 6
1.3 Corporate Manslaughter 7
1.4 Incidental provisions and arguments relating to corporate criminal liability 8
1.5 Application of the Act 10
1.6 Research Problem and questions 12
1.7 Analytical Framework 14
1.8 Definition of Terms 17
1.9 Significance of the Study 18
1.10 Scope and Delimitation 20
1.11 Organization of the Paper 21
CHAPTER II 22
Review of Related Literature 22
2.1 Corporate Manslaughter 22
2.2 Essentials of the Act 23
2.3 Common Law principles 24
2.4 Case laws 26
The case of Cotswold Geotechnical Holdings Ltd. 26
The case of the Lyme Bay 27
Paddington Rail Crash 28
2.5 More Case laws on the point 28
2.6 Role of the Jury 33
2.7 The element of Sanction 34
2.8 Law Commission on Corporate Manslaughter 35
2.9 The Act: An Analysis 37
2.10 Conclusion 40
CHAPTER III 45
Research Methods 45
3.1 Research Methodologies 45
3.2 Research Approach 47
3.3 The justification for the research topic 47
3.4 The main hypothesis or direction of the research 48
3.5 A review of previous research on the subject 48
3.6 Lessons learned from the study 49
3.7 Qualitative and Quantitative Data 49
CHAPTER IV 51
Analysis of Case Laws & Legislation 51
4.1 Case laws on Corporate Manslaughter: An analysis 51
4.2 Recommendations of the SGC 57
CHAPTER V 59
Conclusion 59
5.1 Liability 60
5.2 Gross breach 61
CHAPTER VI 63
Recommendations and
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