Elements Of Crime And Intentional Tort Db

Elements of Crime and Intentional urbane wrong DB (Your Name (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 Law , 1998 . The dress ups and the federal brass yield enacted criminal laws that define each of the crimes and regularise penalties in case of violation or commission (West s Encyclopedia of American Law , 1998 . The two elements of a criminal criminal offence are : actus reus and mens rea one is somatic and the other , mental state (West s Encyclopedia of American Law , 1998 . Thus actus reus must be causally related to the mens rea for a crime to occur kernel that the evil intention of the mind must coincide with the physical manifestation 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 case of strict financial obligation the person who may non be at fault or negligent shall be legally conceivable for damages to the wound party . The injured party will only have to prove that he sustained damages (West s Encyclopedia of American Law , 1998 . except , courts allowed indebtedness on the basis of the actus reus alone as be sufficient (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 liability 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 are human beings while juridical persons are entities created by metaphor of law deemed to be individuals capable of entering into contracts , owning and or possessing properties , enforcing rights and acquiring debts (West s Encyclopedia of American Law , 1998 . A corporation and then is a person .

Corporations may be held liable for civil damages for the acts and conduct of the employees it employees This liability is known as secondary 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 put it behind bars . The recent years however showed a different trend from these arguments . Nowadays , an American corporation active in criminal activities such as fraud can be convicted when the criminal conduct of its employee or officer is be . The federal government 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 positive change of somatic culture , alter corporate behavior , and prevent , incur , and punish white collar crime (Thompson , 2003 . The federal government not only prosecutes the corporation but also the officers...If you extremity to get a full essay, order it on our website: Orderessay

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