Management and Organizational Studies 2275A/B Chapter Notes - Chapter 16: Law Of Agency, Vicarious Liability, Oppression Remedy
15 Jan 2018
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Liability in tort: two types of liability in tort: When the corporation is regarded as an entity that actually committed the tort. Identification theory: a theory specifying that a corporation is liable when the person committing the wrong is the corporation"s directing mind. The corporation is at fault when the person committing the wrong was the corporation"s "directing mind and will" Corporations can have more than one directing mind. When the tort has been committed by an agent or employee who is not a directing mind of the corporation. In this case, there is no distinction between the person and the corporation. Since they are public documents, then the third party should have known. Contracts that have been entered into by the company"s promotors on behalf of the corporation before it is created. Statutes permit the company to adopt the contract. Ca(cid:374) (cid:271)e pro(cid:271)le(cid:373)ati(cid:272) if the(cid:455) do(cid:374)"t e(cid:454)pli(cid:272)itl(cid:455) state who is lia(cid:271)le / if the corporation never comes into existence.
