Skip to main content

Guide to the Due Diligence Defence Study Guide

This guide provides a comprehensive overview of the due diligence defence in UK law, focusing on its application in strict liability offences. It covers the legal principles, the burden of proof, key components of an effective due diligence system, and lessons learned from case law regarding reliance on third parties, testing, and corporate responsibility. Essential for businesses seeking to understand and implement measures to avoid legal liability.

Save this study guide to your study set

Sign up free

Your learning path

Foundations of Food Law and EU Frameworks

History and Types of Food Legislation

Food legislation is concerned with safety of food, composition of food, and identification of food throughout history.

  • Safety of Food
  • Composition of Food
  • Identification of Food
  • Protection of Consumers
  • Protection of the honest trader
  • Protection of the freedom of choice and fair competition
  • Food Adulteration
  • Adulteration of Food and Drugs Act 1860
  • Adulteration of Food and Drugs Act 1872
  • Sale of Food and Drugs Act 1875
  • Food and Drugs Act 1938
  • The Defence (Sale of Food) Regulations 1943
  • The Food and Drugs Act 1955
  • The Medicines Act 1968
  • Food Act 1984
  • Food Safety Act 1990
  • HACCP
  • Due diligence
  • Harmonisation of food legislation

Institutions and Principles of the European Union

The European Union was established through the Treaty of Rome to create closer links between Member States and involves decision-making bodies such as the Council of the European Union and the European Commission.

  • Treaty of Rome
  • European Economic Community
  • Council of the European Union
  • European Commission
  • European Parliament
  • Court of Justice of the European Union
  • Principles of subsidiarity and proportionality
  • European Food Legislation

Institutions and Legislation of the European Union

An overview of the European Parliament, the Court of Justice, and the various types of European legislation including Treaties, Directives, Regulations, and Decisions.

  • European Parliament
  • European Commission
  • Court of Justice
  • General Court
  • EU Civil Service Tribunal
  • European Legislation
  • The Treaties
  • Treaty of Rome 1957
  • Treaty of the Functioning of the EU
  • Directives
  • Regulations
  • Decisions
  • Preliminary ruling
  • Actions for annulment
  • Common Agricultural Policies

Introductory Concepts of the European Union

An overview of the powers of the Court of Justice, types of European legislation, and the process of harmonisation within Member States.

  • Court of Justice powers
  • Maastricht Treaty
  • Directives
  • Regulations
  • Decisions
  • Harmonisation
  • European Communities Act 1972
  • Horizontal measures
  • Vertical measures
  • European Caselaw
  • Article 34 and Article 36 defences

Global Food Law and Regulatory Frameworks

An overview of national and international frameworks in respect of food law including the United Nations, WTO, and Codex Alimentarius.

  • International Food Law
  • United Nations
  • FAO/WHO Food Standards Programme
  • World Trade Organization
  • Codex Alimentarius Commission
  • Horizontal Standards
  • Vertical Standards
  • Food Security
  • Dispute Settlement
  • SPS
  • TBT
  • GATS
  • TRIPS

Evolution of EU Regional Food Law

A history of the creation of a common market through the harmonisation of food law, EU directives, and EU regulations across member states.

  • Regional food law
  • Common market
  • Harmonisation of food law
  • EU Directives
  • EU Regulations
  • Mutual Recognition
  • Food safety legislation
  • General Food Law regulation
  • Food labelling law
  • Private food law
  • National Law of Member States

Human Rights and Consumer Responsibilities

This lecture covers human rights, consumer rights, and the responsibilities of consumers and businesses, including the Universal Declaration of Human Rights and the right to food.

  • Universal Declaration of Human Rights (UDHR)
  • Progressive Realisation
  • International Covenant on Economic, Social and Cultural Rights
  • Right to food
  • Availability, Accessibility, and Adequacy
  • Respect, Protect, and Fulfil obligations
  • Rights-holders and duty-bearers
  • UN Guiding Principles on Business and Human Rights

Consumer Rights, Responsibilities and EU Policy

An overview of consumer rights, consumer responsibilities, and EU consumer policy objectives.

  • Consumer rights
  • Consumer responsibilities
  • EU Consumer Policy
  • Product safety
  • Dispute resolution
  • Consumer protection legislation
  • Critical awareness
  • Social responsibility
  • Ecological responsibility
  • Unfair commercial practices

UK Legislation, Business Responsibilities, and Due Diligence

Defence of Due Diligence

The Food Safety Act 1990 involves strict liability offences where the due diligence defence requires proving reasonable precautions and exercising due diligence on the balance of probabilities.

  • Strict liability offences
  • Due diligence defence
  • Balance of probabilities
  • Reasonable precautions
  • Case law principles
  • Pro-active and reactive systems
  • Consumer complaints analysis

Defence of Due Diligence Legal Principles

The defendant must have taken all reasonable precautions and exercised due diligence to avoid the commission of an offence under various statutes.

  • due diligence system
  • reasonable precautions
  • Trade Descriptions Act 1968
  • Weights and Measures Act 1963
  • internal and external codes of practice
  • random sampling system
  • independent expert examination
  • directing mind or will of the company
  • delegation of responsibility
  • supplier warranties and assurances

Defence of Due Diligence in Corporate Liability

Analysis of the defence of due diligence and reasonable precautions regarding company responsibility for acts or defaults under the Trade Descriptions Act 1968 and Food Labelling Regulations 1996.

  • due diligence
  • reasonable precautions
  • controlling mind of the company
  • theory of delegation
  • criminal liability
  • Trade Descriptions Act 1968
  • Food Labelling Regulations 1996
  • act or default

Introductory Concepts of UK Legislation

This document outlines types of UK legislation including Acts of Parliament, delegated legislation, and case law, while distinguishing between civil and criminal law systems.

  • Acts of Parliament
  • Delegated Legislation
  • Statutory Instruments
  • Orders in Council
  • Bye-laws
  • European Legislation
  • Case Law
  • Primary Legislation
  • Secondary Legislation
  • Codes of Practice
  • Civil Law
  • Criminal Law
  • Summary offence
  • Indictable offence
  • Triable either way offence
  • Actus reus
  • Strict liability offences
  • Magistrate's Court
  • County Court

Legal Rights and Business Responsibilities

Legal responsibilities of businesses involve civil and criminal law, including strict liability offences and the due diligence defence.

  • Civil Law
  • Criminal Law
  • Strict Liability Offences
  • Due Diligence
  • Burden of Proof
  • Standard of Proof
  • Food Safety Act 1990

Behavioural Economics and Nudging in Policy Making

Nudge Policies and Obesity Intervention

This article clarifies what a nudge entails and critically summarises nudge policies proposed to motivate weight loss in the United Kingdom and the United States.

  • libertarian paternalism
  • behavioural economics
  • choice architecture
  • loss aversion
  • reference points
  • hyperbolic discounting
  • present bias
  • asymmetric paternalism
  • neoclassical economic model

Nudging Strategies for Obesity and Health

This text explores how choice architecture and behavioral economics concepts like loss aversion and present bias can be used to motivate healthy lifestyles.

  • nudge
  • deposit contract
  • loss aversion
  • choice architecture
  • present bias
  • fun theory
  • financial incentive initiatives

Nudging the Obese and Behavioural Economics

This text examines how behavioural economic-informed interventions and nudges, such as food labelling and calorie counts, attempt to tackle obesity through the manipulation of reference points, loss aversion, and present bias.

  • nudge
  • behavioural economics
  • reference point
  • loss aversion
  • present bias
  • libertarian paternalism
  • choice architecture
  • calorie counts
  • food labelling
  • paternalism

Policy Making in the Context of Food

A study of policy definitions, policy-making models, and the traditional model of the policy process within food contexts.

  • Policy definitions
  • Policy-making models
  • Policy attributes
  • Government based policy activities
  • Policy process questions
  • Food crises
  • Traditional model of policy process
  • Problem emergence
  • Agenda setting
  • Consideration of policy options
  • Adoption of chosen option
  • Implementation
  • Evaluation

Behavioural Policy Making and Nudging

Designing and implementing policy interventions which work in congruence with our irrational human side to achieve rational outcomes through nudges.

  • Behavioural Policymaking
  • Bounded Rationality
  • Dual Process Theory
  • Nudge
  • Intervention Ladder
  • Predictably Irrational

Types and Applications of Behavioural Initiatives

This topic examines behavioural policy-making through behaviourally-inspired, behaviourally-informed, and behaviourally-trialled initiatives applied to consumer policy, health and safety, and taxation.

  • Behavioural policy-making
  • Behaviourally-inspired initiatives
  • Behaviourally-informed initiatives
  • Behaviourally-trialled initiatives
  • Benign Corporate Nudging
  • Consumer behaviour
  • Corporate social responsibility
  • Architecture of consumption

Make it your own.

Keep these readings and topics in a new study set, or add them to one you already use.

Get started freeLog in