LAW205 Commercial and Corporate Law

Question 1

Under English based jurisdiction (Solomons, Kiribati, Tuvalu; Nauru; Fiji; Samoa, Tokelau, Niue, Cooks, Tonga), it is a criminal negligence manslaughter if the person breaches his duty of care along with exhibiting a gross negligence. Thus, it amounts to involuntary manslaughter, which is an indictable offence, as per Fiji s 240 (Colvin, 2017). As per Vanuatu s 108, a person shall be imprisoned for 5 years if he causes unintentional death of another through negligence, recklessness or failure to comply with a law.

Therefore, Dick and Jane could be held liable for involuntary manslaughter pertaining to their negligence towards Agnes, who they were supposed to bring along to the safe house before the cyclone. They have breached their duty of care towards Agnes, who is bed-ridden and dependent on Dick and Jane. Thus, the omission of duty of care amounts to negligence, exhibiting an offence of involuntary manslaughter.

Question 2

English based jurisdictions (Solomons, Kiribati, Tuvalu; Nauru; Fiji; Samoa, Tokelau, Niue, Cooks, Tonga) states that it is an involuntary manslaughter when an offender commits an unlawful act like intentional assault, even without having the foresight of causing death to the victim. Fiji s 239 states that a person has committed an indictable offence when he has engaged in a conduct that caused death of a person as a result of an action made by him to bring a serious harm upon the victim or intended to bring a serious harm upon the victim (Barnes & Chand, 2019). It therefore, amounts to an unlawful manslaughter as the aspect of intent and recklessness was present in the action of the offender (Colvin, 2017).

Therefore, Fred’s action speaks for intentional assault and recklessness as he hit Jim’s face with a glass, intending to cause a serious harm to him, irrespective of fact whether he intended his death. Thus, Jim shall be held liable for causing involuntary manslaughter.

References

Barnes, N., & Chand, M. (2019). Fiji. In The International Application of Fidic Contracts (pp. 129-140). Informa Law from Routledge.

Colvin, E. (2017). Criminal Law of Fiji. LexisNexis.

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