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Compare and contrast the meaning of intention, recklessness and Negligence in the context of criminal liability.

March 1, 2018 henry

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Problem Question: On Monday, Angela telephoned Barney in response to an advertisement in the Weekly Chronicle, a local newspaper. Barney’s telephone was answered by Clara, his absent minded wife. Angela introduced herself and stated “I agree to buy the advertised car at the advertised price. I will send a fax confirming this.” Clara replied, “Great- I will let Barney know when he gets in.” When Barney returned home, Clara could no longer remember the details of her earlier conversation and told Barney, “Some woman rang about the car and she is willing to buy it.” On Thursday, Barney found the fax and replied immediately by email stating, “I agree that the car is yours at the agreed price.” Unfortunately, Angela received only part of this message due to a defect in her email programme. On Wednesday of that week, the value of the car had dropped by half because of the introduction of a new model. Angela refused to take the car. Advise Barney.

Problem Question: Flight Ltd is an exporter of live wild birds from Italy to the pet trade in the rest of Europe. Lately, the company has experienced difficulties with some other EU Member States accepting the birds; a) Spain has a levy of €1 on every bird brought into the country. Spain uses this money for fund a scheme protecting birds in the Amazon Basin. b) Poland imposes a tax of 10% on every wild bird sold in Poland – there is no such charge on birds which are bred in captivity c) Ireland refuses to accept imports of wild birds. The reason Ireland gives is the environmental damage caused by the way the birds are caught in the rest of Europe. Ireland allows the sale of wild birds caught in Ireland, because it maintains no environmental damage arises from the methods used. d) Denmark has passed new laws forbidding the sale of wild birds to the pet trade. Denmark says the trade is inhumane. e) As a response to a recent scare over Avian Influenza, from December the UK has had mandatory health checks for wild caught birds arriving at its borders. Importers have to pay a fee of €2 per bird for the inspection and for keeping the birds while the checks are carried out. In January, the EU passed a regulation requiring all member states to carry out such checks. The cost of the inspections is €1.50 per bird. f) The RSPB in Britain has begun a campaign to discourage people from purchasing wild birds as pets. The UK forbids the catching of native wild birds. As a direct result of this, Flight Ltd has sold 50% fewer birds in the UK in the last six months. Advise Flight Ltd as to the legality of the Member States actions, and if the company has any legal redress. Faculty of Law

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