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 Post subject: Risk Management:- Negligence Questions
PostPosted: Fri Jan 08, 2010 3:47 pm 
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Joined: Fri Jan 08, 2010 2:55 pm
Posts: 1
Hi,

Currently studying for a Business Degree, with a module on Risk Management that has a legal aspect to it. I was wondering if you could possibly give me some key points/cases etc to include on the following questions:-

(a) Discuss with relevance to relevant case law, how the courts have addressed the concept of risk in establishing if a defendant has been negligent.

(b) Identify and discuss how (i) an individual AND (ii) a corporate body may be prosecuted for manslaughter following a death at work

(c) Some health and safety laws are limited to the extent that they are 'reasonably practicable.' How do the courts interpret this phrase

(d) Discuss why there have been very few successful prosecutions for corporate manslaughter and how the Corporate Manslaughter and Corporate Homicide Act (2007) may increase the chances of securing a convition

If you could offer any suggestions for any of these questions or if you could point me in the right direction to any good websites/resources it would be greatly appreciated.

Thanks again!

Rob


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 Post subject: Re: Risk Management:- Negligence Questions
PostPosted: Fri Jan 08, 2010 10:10 pm 
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Joined: Tue Mar 03, 2009 12:49 am
Posts: 2
On the issue of concept of risk in negligence I guess its getting at foresight of harm which comes up in duty of care under the Caparo test and likelihood of harm is a factor in establishing breach of duty. Remoteness of damage is also looking at risk.

Some cases which might be relevant would be Caparo v Dickman, Topp v London Bus, Bolton v Stone and Wagon Mound.

Sorry can't help you with the other questions.


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