LAW 534 Study Guide - Final Guide: Fiduciary, The Home Depot, Morgan Stanley
20 Dec 2017
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(cid:374)ot (cid:272)o(cid:373)plyi(cid:374)g (cid:449)ith safety sta(cid:374)dards to i(cid:374)(cid:272)rease (cid:272)orporate profits. Corporatio(cid:374) is(cid:374)(cid:859)t responsible because it couldn"t be shown the mens rea. Canadian dredge dock case (5-7) directing mind identity or directing mind doctrine. Method for holding corporation criminally liable but don"t want to go as far as holding corporation accountable for all criminal wrongs of employee. Question of what if the directors as well as the corporation is benefitting from the situation. (cid:862)totally i(cid:374) fraud(cid:863) of the (cid:272)orporatio(cid:374). Rhone v peter widener (5-5) directing mind under old amendments. Person might not be on the board of directors nor be an officer of the corporation but could still be part of the directing mind if actively involved in formulating company policy. Tug boat captain had extensive responsibilities and discretion but did not have power to design and supervise implementation of corporate policy. Safety kleen canada inc case (5-6) - directing mind under old amendments.
