Reference no: EM133245834

Questions

1. What is the difference between vicarious liability and the directing mind and will concept for liability in tort?

2. Who may be held to be the directing mind and will of a company? Is it limited to the managing director?

3. What forms of actual authority may be used by agents to bind their principal to the contract? How are these established?

4. What sort of matters would the following have apparent authority for?

a. Company secretaries b. Chief financial officers c. Chief executive officer

5. How are fraudulent signatures on contracts treated under general law? Is this the same under the statutory 3rd party assumptions?

6. What are 3 differences between the indoor management rule and the statutory assumptions under ss128-129?

7. How can liability for a crime be shared between one or more individuals and a company?

8. How do you determine whether a company can be liable for the commission of a crime by one of its agents?

9. When and how does the Commonwealth Criminal Code apply to crimes involving companies? What are some of the differences between the Code and general law rules for attributing criminal liability for corporate conduct?

10. How do the rules of attribution (Meridian) apply to establishing criminal liability on a company?