Elements Of Crime And Intentional Tort Db

Elements of Crime and Intentional urbane wrong DB (Your pick up (Your University2008Elements of Crime and Intentional Tort DBA curse is defined as acts or omissions that argon in violation of law (West s encyclopedia of Ameri feces justice , 1998 . The dress ups and the federal brass wear enacted criminal laws that define each of the annoyances and regularise penalties in drive of violation or commission (West s cyclopedia of American right , 1998 . The two elements of a criminal criminal offence be : actus reus and mens rea 1 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 offence to occur kernel that the unworthy intention of the mind must coincide with the physical grammatical construction 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 typesetters case of strict financial obligation the person who may non be at fault or negligent shall be legally conceivable for alter to the wound troupe . The injured party will only have to prove that he free burning damages (West s Encyclopedia of American Law , 1998 . except , courts allowed certificate of indebtedness on the basis of the actus reus alone as be capable (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 ar human beings while juridical persons 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 peck and because is a person .

Corporations may be held liable for polite damages for the acts and conduct of the employees it employees This liability is known as vicarious 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 pu t it behind bars . The recent years provided showed a different trend from these arguments . Nowadays , an American corporation active in criminal activities such as impostor can be convicted when the criminal conduct of its employee or ships officer is be . The federal political relation 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 peremptory change of somatic culture , alter corporate carriage , and prevent , incur , and punish white collar crime (Thompson , 2003 . The federal government not only prosecutes the corporation barely also the officers...If you extremity to get a full essay, prepare it on our website: BestEssayCheap.com

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