LAW 534 Lecture Notes - Lecture 5: Acquiesce, Mens Rea, Corporate Liability
18 Apr 2017
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Document Summary
Class 12 chapter 8 and 10. Overview of five types of liability (discussed in detail in following slides): Principle -> individual actually commits the offence. Acquiescence to an offence by director or officer. Specific duty on director or officer to exercise reasonable care. Specific statutory definitions of persons in control which can extend liability. Obvious relevance to any person who has a position of significant responsibility or control in an organization. Sometimes hard to find witnesses to such actions . Example: drabinsky and gotlieb - significant jail time for false representations of financial positions and kick-back scheme. Remember, professionals (lawyers, accountants, etc. ) working for an organization also have obligations to their professional bodies and not just their clients this includes letting upper management know what is going and resigning if conduct continues. Job title is not determinative and it is level of personal involvement in the offence that is critical. Harper case is double-edged sword against the defendant.
