Law on Involuntary Manslaughter Essay Example | Topics and Well Written Essays - 7750 words

Law on Involuntary Manslaughter - Essay Example Whereas, an act of involuntary manslaughter is identified as the one that originate from the failure to perform a legal duty expressly required to safeguard human life, from the commission of an unlawful act not constituting a felony, or from the commission of a lawful act in a negligent or improper manner. (Webster's online dictionary, http://www.merriam-webster.com/dictionary/ involuntary%20manslaughter, accessed on 11th April, 2009) According to Encyclopaedia Britannica, manslaughter is defined as: 'in Anglo-American criminal law, a category of criminal homicide that generally carries a lesser penalty than the crime of murder. Different legal systems use different criteria to distinguish the kinds and degrees of unjustified killing'. (Encyclopaedia Britannica, Manslaughter, http://www.britannica.com/EBchecked/ topic/362828/ manslaughter, accessed on 11th April, 2009) In legal context, manslaughter is considered as the unlawful killing of a human being without malice or premeditation, expressed or implied; distinguished from murder, which requires malicious intent. The distinction between manslaughter and murder can be identified as, in the former case, though the act which caused the death is unlawful, either expressed or implied, it is termed as manslaughter, or if committed otherwise, it is termed as murder. Manslaughter also differs from murder because there can be no time for premeditation or preplanning. Manslaughter is voluntary, when it happens upon a sudden heat; or involuntary, when it takes place in the commissioning of some unlawful act. The act of manslaughter becomes voluntary manslaughter if it happens that the defendant had an intention to inflict death or serious injury. But it depends upon the potential liability of the defendant with regard to the circumstances by which the act is committed in relation to the state of mind while the act is done. Provocation or heat of the moment qualifies this. Suppose a husband happens to see his wife sharing the bed with her lover, and in sudden provocation and losing control he commits the killing of his wife, it is termed as manslaughter. (http://www.lectlaw.com/def2/m013.htm, accessed on 11th April, 2009). Precisely, involuntary manslaughter can be identified as an unintentional killing derived out of recklessness or from an act of illegal nature which amounts to misdemeanor. It is a criminally negligent homicide committed with no intention to do it. The decision on Scarlett [1993] 4 All ER 629 illustrates the above distinction. 1. Scarlett [1993] 4 All ER 629 Facts of the Case: The appellant, Mr. John Scarlett, being the owner of Queen's Road Tavern public house in Halifax, was about to close down his tavern on 12th June, 1991 after the day's business, when the deceased, Mr. Larkin approached the appellant for getting service. But the appellant denied service to him. There were some heated arguments over this, and the appellant pushed the deceased towards the doors. They struggled against each other and the only reliable witnesses to this described the appellant's act as 'bundling the

Investigation of Restaurant Finance Essay Example | Topics and Well Written Essays - 4500 words

Investigation of Restaurant Finance - Essay Example The restaurant has to offer high quality dishes as per cuisine menu because they are tested and people have gained trust to them. In this restaurant, range of products will be offered including, POSTRES and DESSERTS, ALA KARTA dishes, PLANTAINS and FRIED TANGS, HOT and cold salads, SANDWICHES’, BEVERAGES among other acceptable dishes as per cuisine menu. Having decided on what type of the restaurant is needed, the remaining part is getting the funds from most effective sources that will facilitate in any way possible to the success of the restaurant. Personal saving – in this, someone needs to think of the idea in quite reasonable time and develop an account of saving towards the venture. The magnitude of saving depends mostly on the size of restaurant one want to start and one will save proportionately towards the venture approximated cost. This type of funding is most convenient because one is assured that the fund is there. One may also save with the intention of getting more finance from a financial institution that offer loans on the basis of saving in the account. One of the challenges of this form of financing is that it may take centuries before one accumulates enough funds to start off the venture. Bank loan- the second option available as a source of fund is acquiring loan at the bank. With bank loans, one can be able to acquire enough capital to start off at age. It also gives one ample time to repay the loan as per agreement. The challenge of this form of finance is that limited to the policy of the bank and in one case or another one may qualify under the policies, one may not be granted the funds. Some limiting factors in this form of finance are needed for a guarantor, the need for collaterals that can be taken to repay the loans and also one may be required to have saved with bank some amount and for a specific time. If one does not meet these entire requirements, automatically one disqualify from getting the