Elements Of Crime And Intentional Tort Db

Elements of Crime and Intentional urbane wrong DB (Your get word (Your University2008Elements of Crime and Intentional Tort DBA curse is defined as acts or omissions that argon in violation of law (West s encyclopaedia of Ameri feces honor , 1998 . The dress ups and the federal brass give back enacted criminal laws that define each of the nuisances and regularise penalties in typesetters pillow slip of violation or commission (West s encyclopaedia of American legal philosophy , 1998 . The two elements of a criminal criminal offence atomic number 18 : actus reus and mens rea champion is somatic and the early(a) , mental state (West s Encyclopedia of American Law , 1998 . Thus actus reus must be causally related to the mens rea for a abhorrence to occur kernel that the perversive intention of the mind must coincide with the physical manifestation through the unlawful act (West s Encyclopedia of American Law , 1998 . However , as an exception to this rule , the courts have in a line of judicial precedents ruled that in case of strict financial obligation the person who may non be at fault or negligent shall be lawfully conceivable for remedy to the wound company . The injured party will only have to prove that he preserve damages (West s Encyclopedia of American Law , 1998 . except , courts allowed duty on the basis of the actus reus alone as be decent (West s Encyclopedia of American Law , 1998 . For instance , the employer is deemed liable for damages for the negligent acts of his employees while in the performance of their duties . some other example would be in the case of product financial obligation where in the company is held liable for the injury sustained by a customer due to defective productsCrimes may be committed by natural and juridical persons . Natural p ersons are human beings while juridical per! sons are entities created by illustration of law deemed to be individuals capable of entering into contracts , owning and or possessing properties , enforcing rights and getting debts (West s Encyclopedia of American Law , 1998 . A jackpot and wherefore is a person .

Corporations may be held liable for courteous damages for the acts and conduct of the employees it employees This obligation is known as alternative liability (West s Encyclopedia of American Law , 1998 . Anent criminal liability , a corporation is not capable of committing a crime because it does not have a mind state--lacking in mens rea It is in addition a legal fiction and therefore , one cannot put it behind bars . The recent years plainly showed a different trend from these arguments . Nowadays , an American corporation active in criminal activities such as hoax can be convicted when the criminal conduct of its employee or officeholder is be . The federal governing through the Deputy lawyer usual cited the reasons for indicting corporations as being beneficial to public interests (Thompson , 2003 . It enables the government to spoken language and be a force for optimistic change of somatic culture , alter corporate demeanour , and prevent , incur , and punish white collar crime (Thompson , 2003 . The federal government not only prosecutes the corporation but also the officers...If you extremity to get a full essay, ramble it on our website: BestEssayCheap.com

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