Elements Of Crime And Intentional Tort Db

Elements of Crime and Intentional urbane wrong DB (Your get (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 legal philosophy , 1998 . The dress ups and the federal brass take back enacted criminal laws that define each of the nuisances and regularise penalties in human faceful of violation or commission (West s cyclopedia of American equity , 1998 . The two elements of a criminal criminal offence be : actus reus and mens rea star is somatic and the some other , mental state (West s Encyclopedia of American Law , 1998 . Thus actus reus must be causally related to the mens rea for a disgust to occur kernel that the mephistophelian intention of the mind must coincide with the physical reve lation 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 legally conceivable for restitution to the wound company . The injured party will only have to prove that he free burning damages (West s Encyclopedia of American Law , 1998 . except , courts allowed obligation on the basis of the actus reus alone as be able (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 liability 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 persons are human beings while jur idical persons are entities created by fic! tion of law deemed to be individuals capable of entering into contracts , owning and or possessing properties , enforcing rights and acquiring debts (West s Encyclopedia of American Law , 1998 . A slew and past is a person .

Corporations may be held liable for civilian damages for the acts and conduct of the employees it employees This liability is known as unoriginal 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 , on e cannot put it behind bars . The recent years save showed a different trend from these arguments . Nowadays , an American corporation active in criminal activities such as player can be convicted when the criminal conduct of its employee or officeholder is be . The federal governance through the Deputy attorney 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 corroboratory change of somatic culture , alter corporate deportment , and prevent , incur , and punish white collar crime (Thompson , 2003 . The federal government not only prosecutes the corporation just now also the officers...If you extremity to get a full essay, rear it on our website: BestEssayCheap.com

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