Inside Criminal Law Assignment Example | Topics and Well Written Essays - 750 words

Inside Criminal Law - Assignment Example The two purposes can be broadly described as legal and social in nature. With regard to the legal angle, the purpose of criminal law is to protect and punish. The law empowers enforcement agencies and even citizens the right to protect individuals and the society. It also empowers the judiciary to punish persons proved to indulge in acts of crime. There are also those who feel that criminal law (or any statute for that matter) acts as a deterrent and will help in teaching social boundaries. Punishment for negligent or rash driving can be stated as an example. The two main functions of criminal law is given here which is based on protection against criminal activities. Protection is for both individuals and the society as a whole, which are deemed as functions of criminal law. Experts feel that the part of protecting individuals is clearly understood, but in the case of collective protection, the concept is more complex. An example, as provided by Gaines and Miller will make the point clear. A fire retardant (protected) mattress is sold to a hotel without washing instructions. The employees (unknowingly) wash the mattress in a manner that lessens such properties, and a guest starts a major fire by falling asleep with a lit cigarette. This act of not providing a label with washing instructions can be considered to be a criminally negligent act under the Flammable Fabrics Act. It may be difficult to differentiate between functions and purpose of criminal law. But reference to literature provides the above mentioned outlook on the two aspect s (functions and purpose) of criminal law. Members of the US society, collectively and individually can take recourse to a number of written statutes and laws in order to avail protection and justice from criminal activities. They include the American common law, state criminal codes, municipal ordinances, state and

The concept of a contract Case Study Example | Topics and Well Written Essays - 1000 words

The concept of a contract - Case Study Example However, it was later viewed that lack of proper operational performance and improper management of DB, resulted in the failure of the overall project (USA Gov, 2013). Critically observing, it can be identified that DB had intentionally overlooked its implied obligation to maintain transparency and systematic order in its service delivery process. Tactfully, DB withdrew from performing any written contractual promises, which was overlooked by the other two parties involved in the contract. Certainly the absence of firm verbal intimation regarding the offer and acceptance of the contract along with specific proclamations of clauses to be adhered by the parties involved had been a major setback for the sufferer, i.e. SCT (USA Gov, 2013). However, given the legal guidelines of having a viable contract SCT can take legal directions even with the non-availability of any written proof to the contract. Considering, the fact that DB had delivered the services demanded through the contract by SCT, it can be affirmed that a contractual relationship existed between DB and SCT. 2. Ethics in legal decision making plays a vital role, as it helps in taking legal decisions, which are accepted within the societal context. Legal terms between the two parties owing to contractual agreement inculcate ethical considerations for effective completion of the contract. In a contractual agreement, ‘Breach of Confidence’ plays a vital role in assuring both the parties to undertake ethical measures within this particular contractual relationship. Critically, observing, it can be ascertained from the case study that two of the contractors of DB have violated the legal implications of ‘Breach of Confidence’. Considering the case scenario, it can be observed that two external contractors of DB have leaked some vital information relating to a contract of their company with a Taiwanese’s firm. The case further states that the two external contractors conveyed t he client i.e. SCT about the DB’s failure in meeting the requirements of the Taiwanese’s firm, which leads to a greater monetary loss of the parent company. However, owing to the aforesaid scenario, it can be comprehended that ethical and legal implications can be implemented complying with the disloyalty of the two external contractors. In this regard DB can firstly terminate the contract with both the contractor under the ‘Breach of Privacy Law’. Concerning with the abovementioned act, it implies about the authority of an organization to create its own privacy rule while making sure that minimum standards are applicable to protect the private information of the company (Andrews, 2011). Secondly the company can take legal action that would restrict the two contractors from conducting such illegal activity. Additionally, the company could also ask the legal advisor to undergo a detailed investigation about the whole scenario and make decisions accordingly. However, the company can ask the legal body to charge monetary fines pertaining to the breach of confidentiality as a legal implication. Considering the aforesaid scenario it can be apprehended that ethical consideration the company could have provided them their salary which would have restricted them from taking such illegal steps (Australian Government, 2012). 3. Critically, examining the case scenario, it can be comprehended that DB has violated numerous rules and regulations associated with the contractual agree