BU231 Chapter Notes - Chapter 27: Absolute Liability, Chapter 27, Mens Rea
Document Summary
Independence free of conflicts: transparency decisions should be mafe through an open process, disclosure info should be available to the public, accountability decsion-makers shuld be responsible for their conduct. Civil liability of corporations: when a corporation is held liable in tort, it is usually through vicarious liability, agents acting on behalf of the corporation bind it to contracts made with third parties. Criminal liability of corporations: a corporation has neither a physical body or a mind of its own capable of forming an intent. Criminal liability of directors and officers: there is belief that directors and officers and not just corporations should be made liable and that it may be difficult to obtain convictions. This has led legislatures to: enact express provisions making senior officers and directors liable, re(cid:395)ui(cid:396)e ceo"s a(cid:374)d cfo"s to (cid:272)e(cid:396)tify a(cid:374)(cid:374)ual fili(cid:374)gs, make the grounds for individual liability much broader.
