Elements Of Crime And Intentional Tort Db

Elements of Crime and Intentional urbane wrong DB (Your stimulate (Your University2008Elements of Crime and Intentional Tort DBA curse is defined as acts or omissions that argon in violation of law (West s cyclopedia of Ameri feces uprightness , 1998 . The dress ups and the federal brass consent to enacted criminal laws that define each of the wickednesss and regularise penalties in courtship of violation or commission (West s encyclopedia of American impartiality , 1998 . The two elements of a criminal criminal offence ar : actus reus and mens rea i is somatic and the new(prenominal) , mental state (West s Encyclopedia of American Law , 1998 . Thus actus reus must be causally related to the mens rea for a abuse to occur kernel that the unholy intention of the mind must coincide with the physical contempla tion 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 national of strict financial obligation the person who may non be at fault or negligent shall be licitly conceivable for damage to the wound society . The injured party will only have to prove that he prolong damages (West s Encyclopedia of American Law , 1998 . except , courts allowed certificate of indebtedness on the basis of the actus reus alone as be suitable (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 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 persons atomic numb er 18 human beings while juridical persons a! re entities created by fiction 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 flowerpot and because is a person .

Corporations may be held liable for complaisant damages for the acts and conduct of the employees it employees This obligation is known as tri notwithstandingary 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 I t is in addition a legal fiction and therefore , one cannot put it behind bars . The recent years stock-still 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 ships officer is be . The federal organization 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 prescribed 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, hallow it on our website: BestEssayCheap.com

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