Karteikarten
LA1104
Karten in diesem Stapel (29)
- 11st assumption about new paradigm3 inter-related revolutions: globalization, multinational corporations, GMOs
- 22nd assumption about the new paradigmgrowing ecological crisis of global proportions and unprecedented impact
- 33rd assumption of new paradigmhigh impact of chang due to increased complexity of processes
- 4challenges to new paradigmts1. personality
2. liability
3. property
4. contract
5. sovereignty and rights - 5what is legal personalitypersonality consists of a cluster of capacities to exercise: legal powers and rights, legal duties and responsibilities
- 6when does personality begin and cease to be recognized?as soon as we are separate from our mother and born. alive for 30 days in order to receive property
- 7what is a corporation?company or entity that has been given a cluster of capacities like a natural person.
- 8competencies of legal personality1. forsee consequences
2. understand these consequences
3. make rational choices - 9what is a liabilitya burden that is placed on someone who is at fault
- 10presumption of sanityS26
S27 defines insanity - 112 elements ti allocate criminal liability1. perpetrator's men rea (guilty mind)
2. actus rea (guilty actions) - 12presumed capacities of corporationssame as natural person
-enforce rights
- enforce powers
- perform duties
-carry liability - 13can a corporation be held liable using the criminal law approach?hard to say that a corporation has a state of mind or actions (mens rea)
- 143 strategies for finding corporations liable1. direct corporate liability
2. vicarious corporate liability
3. strict corporate liability - 15direct corporate liabilityno mind or body of a corporation
- 16vicarious corporate liabilityholding managers liable for the actions of those under them
- 17strict corporate liabiltyonly actus rea needed to prove
- 18finding guilty mind of the corporation- look at chain of command
- whose acts are within the scope of actual or apparent authority
- mind or management of corporation - 19holding corporations liable with executive officersenvironmental protection and biodiversity act 1999
must do everything in their power to ensure the corporation complies with act. - 20good corporate governance-transactions are incidental to companies business
- the benefit of the company means the company's financial prosperity. - 21relationship between justice and faultneed fault to distribute burden
- 22corrective justicebased on deterrence and finding fault
- 23distributive justicebased on distributing benefits and correcting the wrong that has been done tp the victims
- 24elements to find fault in negligence1. the defendant must owe a duty of care to the plaintiff
2. the defendant was in breach of their duty of care
3. have to establish causation - 25elements to find fault in crimemens rea
actus rea - 26issues with fault based system for assigning liability- a mount of compensation compared to degree of fault
- hard to prove - balance of probabilities - 27merits of no fault schemes-society and state share cost of accidents
- the state has incentive to reduce dangerous risks
-more time efficient (don't have to prove fault)
- some things have no fault to be given (natural disasters) - 28fairchild v glenhaven funeral servicesthe injustice of finding no one liable is greater than finding them all liable
- 29merits of tort liability- deterrence and liability
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- Karteikarten am LA1104, erstellt von Megan Mackie am 28/08/2015.
- Erstellt von
- Megan Mackie
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