Criminal law Coursework Example | Topics and Well Written Essays - 500 words

Criminal law - Coursework Example As such Ben will be guilty of unlawful manslaughter, which becomes manifest when one focuses on committing a less crime yet ends up killing someone. As such, it is evident that death arises from an act of omission. Indeed, the stipulations indicate that the criminal may have embraced dangerous activities, which in turn resulted in death. It is evident that Ben’s intention was noble since he was propagating nobility among the populace whilst dealing with animals. However, using a bomb was rather dangerous since the likelihood of death is increasingly high. According to Michaelides-Mateou and Mateou (2010, p 25) Ben may have acted in conformity with mens rea since the act arose from recklessness and failure to foresee the likely repercussions of his actions. In order for Ben’s action to constitute constructive manslaughter, it is paramount to acknowledge that Ben must have committed an unlawful act. As such, the placing of the bomb is unlawful since it distorts the working capacity of the individuals. Such an unlawful act ought to be combined with recklessness. It is evident that Ben failed to consider that a bomb specialist might be dispatched to the area to address the fears. Ben’s intellect failed since he was focusing on the broader picture whilst shunning the chances of individual sufferers. An analysis of diverse cases such as (R v Franklin [1883]) offers insight into constructive manslaughter (Michaelides-Mateou and Mateou 2010, p 25). In such a case, the defendant’s actions were objectively determined to discover their motive, which turned out to be appropriate but fuelled by recklessness. The second crime pertains to criminal negligence since Ben acknowledged the danger that may have arisen from his actions but went ahead instituting such a crime. This means that Ben knows that his omission would lead to death. This is

Examine the role of Business Format Franchising in multinational Essay

Examine the role of Business Format Franchising in multinational businesses and define the effect of International Franchising on globalisation - Essay Example The franchisor-franchisee relationship is based on mutual support and trust. In this relational exchange, they share benefits and costs (Grunhagen & Dorsch, 2003). The franchisor provides support, technology and advice to the new franchisee and guarantees continued support. In exchange, the franchisee has to pay an entry fee and a continued royalty on sales and advertising fees for regular services (Inma, 2005). Franchising is different from other forms of business. The franchise owners try to assess the value they receive in exchange for the sum paid. They would remain in the relationship as long as they perceive that they receive a fair value for the payments made to the franchisor. In this relationship, the franchisor or the principal does not invest its own fund in the local service unit because the responsibility of maintenance, construction and management of the local operation lies with the franchisee (Fladmoe-Lindquist & Jacque, 1995; Welsh, Alon & Falbe, 2006). The business format of franchising was based on two dominant theories – the agency theory and the resource scarcity theory (Inma, 2005). Based on the resource scarcity theory, as the company anted to expand and resources were scarce, franchising became a means of obtaining capital. In addition, it also eased managerial constraints upon the growth of the medium and small-sized firms. The agency theory viewed franchising as a means of efficiently controlling the problems that could arise due to the difference between the agent and the principal. Thus, these theories are based on the view that it eliminates the constraints that a firm could encounter in expansion. Although franchising originated in France, today Australia is the most franchised nation per head of population in the world. A franchise organization is claimed to be a hybrid form and has complex contractual arrangements. However, the franchised system can have hybrid forms as well as hierarchy firms (Inma, 2005). This