Sentences with phrase «gross breach of a duty of care»

To be guilty of the common law offence of gross negligence manslaughter, a company had to be in gross breach of a duty of care owed to the victim.

Similarly a corporate can be guilty of corporate manslaughter if the management or organisation of its activities causes a person's death, and amounts to a gross breach of a duty of care owed by the organisation to the deceased.

Not exact matches

The duty of care owed in negligence is breached if the death is caused by the way in which activities are managed and organised or amount to a gross breach of a relevant duty of care (s 1 (1)-RRB-.

The law creates a tort by which an organization can be held liable for a death «if the way in which its activities are managed or organized» is a «gross breach of a relevant duty of care owed by the organization to the deceased.»

Under the CMCHA, a corporate offence is committed if the way an organisation manages or organises its activities (i) causes a death; and (ii) amounts to a gross breach of a relevant duty of care owed by the company to the deceased.

The Corporate Manslaughter and Corporate Homicide Act 2007 Instead of requiring a grossly negligent «act or omission» on the part of the «controlling mind» of a company (as previously), the Corporate Manslaughter and Corporate Homicide Act 2007 — enacted on 24 July 2007 — seeks to create liability for a company, government departments or police forces if (and only if)(cl 1 (3)-RRB- «the way in which its activities are managed or organised by its senior management is a substantial element» in the «gross breach of a relevant duty of care» — punishable by a fine.

In a consultation published this week, «Manslaughter Guideline Consultation», the council proposes tougher penalties for gross negligence manslaughter, where the offender is in breach of a duty of care towards the victim, which causes the death of the victim and amounts to a criminal act or omission.