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Law Of Business Association Essay

1019 words - 5 pages

LST2LBA: Law of Business Association
Semester 3- 2012

Student’s Name: Wu Tingting
Student’s ID: wuttd101
QUESTION 1
Legal Issue:
1. Whether Toan has eligible to bid at this auction
2. At this auction. Toan represent company or individual
3. whether Toan has breach of the government’s policy and laws containing that policy
Relevant Rules of Law
No matter how many shareholder exist in a company, there is a Under S119 separate legal entity between the company and its member. Like the case Saloman v Saloman& Co Ltd.
Under S119 a company comes into existence as a body corporate at the beginning of the day on which it is registered ...view middle of the document...

whether Brookland Greens Pty Ltd had criminally responsible for the loss of life.
2. Refer to the two theories generally, point out in what circumstance each is likely to apply.
3. For criminal offences,consider the provisions in Criminal Code Act 1995 for attribution of liability. Is negligence an element of the crime.

Relevant Rules of Law
Under Corporation Act, law uses a number of techniques to deal with allowing companies to act and think. These technique are variously deployed as the policies of particular area of law emphasising differing qualities of responsible for action.

There are four techniques to attribute actions and mental states to corporation, direct liability, vicarious liability, organic theory,and corporation culture.

Direct liability, the wrong is defined is such a way as to be able to be fulfilled by a corporation. A distinction should be made between ‘strict’ and ‘absolute’ liability. The former allows a defence of reasonable and honest mistake of fact, the latter does not.
Vicarious liability means liability for the acts of others. For example, employers are liable for the acts of their employee who commits wrongs within the scope of their employment. Section 128(3) codifies the general law regarding vicarious liability of commpanies for fraudulent acts of their agents and employees. Criminal law has been reluctant to deploy vicarious liability because its basis in retribution is inconsistent with the distinction between commission and liability. The only crimes for which someone can be vicariously liable are public nuisance and criminal libel.

Organic theory says that a company is liable where the people who act for the company and who commit a tort are acting as the organ of the company. The ‘organ’ means the ‘brain’, that is , “the directing mind and will” of the company. Under the Organic theory the important thing is to discover who is the “directing mind”of the
company. If the directing mind has comitted a wrong, the company will be liabe: Lennard’s Carrying Co Ltd v Asiatic Petroleum Co Ltd [1915] AC 705.

Corporate culture, is used in the Criminal Code Act 1995 for the purposes of criminal...

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