The liability of corporations under federal criminal law is based on the doctrine of respondeat superior, or vicarious liability, which is a form of strict liability. 1. The Duality of Corporate and Individual Criminal Liability Statutes that expose a corporation to criminal liability do not absolve the officers, employees, or agents whose violations lead to the corporation’s plight. Courts have noted that, “No intent to exculpate a corporate officer who violates the law is to be imputed to Congress without clear compulsion.” 2. Direct Responsibility A corporation may be liable even if there is no single employee entirely at fault.
It consists both of an association of members, which may themselves be corporate bodies; and of an entity possessing independently of its membership the legal capacity to exercise proprietary, contractual and other powers. Clearly, as an association of members it has as real an existence as any other formally constituted society, and the above terms must therefore refer primarily to the nature of its legal rights and obligations. It may be thought, for example, that when a company ‘‘owns or deals in property, or enters into service, sale or other contracts, it does so not in its own right, as a natural person
Introduction First of all, a defendant will only be found guilty of a crime if the prosecution can establish two main elements of a crime, which are actus reus and the mens rea. Actus reus is the wrongful act or omission that comprises the physical component of a crime. Mens rea is a person’s awareness of the fact that his or her conduct is criminal. For a defendant to be held liable, it has to be proved that the defendant voluntarily performed the act or omission. In Hill v Baxter , it was established that the driver did not commit the offence voluntarily as he was attacked by a swarm of bees when driving.
If a local street gang would steal our purchase, that is illegal, and we can expect that the police will try to recover our property and return it to us. If some level of the government tried to take our house away from us for whatever reason, they are prohibited--except by “due process of law”. This idea of protecting property rights from being taken without “due process” is an inheritance we received from the Magna Carta. In 1215 the particulars of how the government took people’s possessions was different than today, but the basic principle is the same. If we should decide to stand up for our rights, we would consult the laws written down about our situation.
YASH GUPTA REGISTRATION NUMBER: 17BME0532 ETHICS AND VALUES DIGITAL ASSIGNMENT White collar crimes are criminal acts that are performed by folks within the course of business committed for gain. They often involve financially intended offenses perpetrated by business and government workers or officers. The crimes don't seem to be violent, and are typically committed by persons in whom some level of trust or autonomy is place. These varieties of crimes will price voters legion greenbacks. These crimes are troublesome to prosecute as a result of they usually involve subtle systems and even many various folks.
In my point of view having freewill is the source of rights. Because we only have the use and benefits of rights when we have freewill. Explaining this argument, there is no logic of giving rights to a creature or person which cannot grasp or having need to use those rights and giving rights to that living is pointless. Furthermore I disagree with Locke`s view that rights protect men from the force of others (1). Rights are ethical principles and moral values we have in our lives.
According to Section 1 of the Auditing Profession Act, reportable irregularity is defined as, any unlawful act or omission committed by any person responsible for the management of a corporation, who has caused or likely to cause material financial loss of the entity or stakeholders, fraudulent of amounts to theft, represents a material breach of any fiduciary duty. (independent regularity board for auditors, 2015) Laws and regulations Ethics and business conduct plays a significant role in all professional corporations. In demonstrating the core values, the code of conduct aims to improve the transparency of business processes. The purpose of the code of conduct is to protect the corporation’s reputation in the event of a breach of conduct
However, as corporations start to expand their business and operate multinationally, they must rethink that parameters of their moral responsibility. As Wettstein stated, “corporations may become complicit in human rights violations although they are not doing anything wrong in a conventional sense or engaging in any unlawful conduct” (Wettstein, 37). Corporate complicity generally implies that the corporation(s) at hand are actively aiding and abetting in the violation of human rights, whereas silent complicity implies the fact that corporations are aware that human right are being violated, however, they choose not to protect or assist the victims (Wettstein, 40). In Wettstein’s perspective, when aware of a human rights violation occurring, corporations should be obligated to step in and influence the government on certain human rights policies, only if a corporation is influential enough and has the resources. Thus, Wettstein combines both stated active and passive duties above and deems that a corporation is being silently complicit towards human rights violations when it fails to speak out and protect the victims, and if that failure to speak out implies a legitimization and implicit endorsement of the
Firstly, a company is treated as a separate legal person from its shareholder, if there is any wrongdoing to the company, the proper plaintiff should be the company itself, but not any of the shareholders. Secondly, a court has no power to interfere the internal management of the company if the ordinary majority of the member can ratify the act . With the majority rule, it leaves the minority of the company unprotected, and therefore there are situations where Foss v Harbottle rule will not apply which are ultra vires and illegal contracts, absence/ deficiency regarding actions which require Special Resolution, personal right action and fraud by wrongdoers in control. Under these situations, minority shareholders’ rights are protected regardless of the majority
' Sutherland realized that a complete explanation of corporate crime would be impossible, but he concluded that the general theory of "differential association" applies to "white collar" crime as well as to other types of crime. This theory hypothesizes "that criminal behavior is learned in association with those who define such behavior favorably and in isolation from those who define it unfavorably, and that a person in an appropriate situation engages in such behavior if, and only if, the weight of the favorable definitions exceeds the weight of the unfavorable definitions. ' 75 This theory would hold that lawbreaking is normal behavior in some businesses as a result of several factors inherent in our culture, such as excessive competition, the emphasis on