BUS2 365 Lecture Notes - Lecture 9: Criminal Negligence, Due Diligence, Actus Reus
5 Mar 2018
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Document Summary
Corporate liability (a) corporate liability in tort and criminal law. Directors (and officers) should make corp purposes determinate on an ongoing basis. Us: corp as entity: corp is unique kind of private association made available for private benefit through concession by state. We benefit as a society for allowing organization on these terms. Incorporation is afforded by privilege so we remember state always has the power and can alter he terms if we choose to petition political reps (i. e. decide to regulate them more). Although we are done with corp personality, it never really goes away. Corp personality is legal person but also artificial (no inherent legal capacity, must become animate through conduct of actual persons who represent the corp). This is how corp persons become dynamic in law. Overview: personal vs corporate liability for civil wrongs, 2 theories of corporate libility, crime and tort: establishing intent, defences to corporate liability. Widener (1993 -scc: facts: captain k"s negligence caused collision.
