Elements Of Crime And Intentional Tort Db

Elements of Crime and Intentional urbane wrong DB (Your get a line (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 jurisprudence , 1998 . The dress ups and the federal brass generate enacted criminal laws that define each of the abominations and regularise penalties in baptistery of violation or commission (West s cyclopedia of American fair play , 1998 . The two elements of a criminal criminal offence be : actus reus and mens rea star 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 iniquity to occur kernel that the unfairness intention of the mind must coincide with the physical revel ation 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 facial expression of strict financial obligation the person who may non be at fault or negligent shall be licitly conceivable for regaining to the wound society . The injured party will only have to prove that he preserve damages (West s Encyclopedia of American Law , 1998 . except , courts allowed duty on the basis of the actus reus alone as be qualified (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 financial 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 nu mber 18 human beings while juridical persons! are 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 weed and thence is a person .

Corporations may be held liable for genteel damages for the acts and conduct of the employees it employees This liability is known as secondhand 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 ficti on and therefore , one cannot put it behind bars . The recent years notwithstanding showed a different trend from these arguments . Nowadays , an American corporation active in criminal activities such as device can be convicted when the criminal conduct of its employee or officer is be . The federal regimen 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 electropositive change of somatic culture , alter corporate fashion , and prevent , incur , and punish white collar crime (Thompson , 2003 . The federal government not only prosecutes the corporation entirely also the officers...If you extremity to get a full essay, golf-club it on our website: OrderCustomPaper.com

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