... on indictment in the crown court. The burden of proof is different in criminal and civil cases, in criminal cases the prosecution has to prove the defendant was guilty beyond reasonable doubt, in a civil case the claimant (the member) has to prove that he was owed a duty of care and that this duty of care was breached. Legal Obligations of Company The member was owed a duty of care by the company under the Health And Safety At Work Act 1974 (HASAWA). In this act section 3 details the duties of employers to persons other than employees (in this case the member). Section 3 (1) of this act states that the company should conduct their business in such a way that does not put members of the public at risk. Section 7 (1) states that employees should take reasonable care of the health and safety of that of others ...

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