legal framework

Description

Mind Map on legal framework, created by andywilce78 on 08/05/2013.
andywilce78
Mind Map by andywilce78, updated more than 1 year ago
andywilce78
Created by andywilce78 over 12 years ago
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Resource summary

legal framework
  1. criminal law
    1. punishment of companies and individuals
      1. broken statute H & S law
        1. enforcement brought by HSE and local authorities
          1. HSE powers under HSWA act 1974
            1. HSE can issue enforcement notices and prosecute
              1. improvement notice
                1. prohibition notice
          2. legal proceedings started within 6 months
          3. statute law used
            1. guilt beyond reasonable doubt
              1. made by parliament in form of acts and regs
              2. action brought by the state
              3. civil law
                1. compensation of people injured at work
                  1. legal proceedings have to start within 3 years
                    1. negligence and breach of statutory duty
                      1. negligence must be proved by 3 tests
                        1. 1) duty of cared owed by defendant to claimant
                          1. 2) duty has been breached
                            1. 3) loss has occured as result
                              1. defence against negligence claim
                                1. contributory negligence / claimant was partly to blame
                          2. common and statute law
                            1. on balance of probabilities
                              1. common law made by judges through previous law cases
                              2. action brought by the individual
                                1. vicarious liability / employer is liable for acts of his employees
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