Criminal Law ProblemWatch
I am a little stuck with the application element of the corporate manslaughter 2007 act. From what I can gather it superseded gross negligence manslaughter (from a company point of view anyway) so I don't want to get to caught up in case law relating to that. However I am having problem with the 'duty of care' element of it, as I am new to law and I am not sure whether mixing discussing duty of care (tort) in relation to a criminal problem is the wrong way to go? it says in the act whether a duty of care was owed is a matter of law. Therefore I am having trouble what aspect of 'law' I need to look at to decide whether in my scenario a duty of care was owed? I think it was but I think I need to back this up, as opposed to just saying common sense.