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Wednesday, May 8, 2013

The Relevance of Agency Theory in Imposing Criminal Liability

Introduction: The concept of corporeal Criminal Liability has been correspondual as Courts struggled to overcome the bother of assigning blames of cruel formidability to fictional embodied juristic entities based on unspoiled responsibility. Common law principles argon said to govern the bodied criminal liability instances unless otherwise the terms of the statute mention specifically provide to the contrary. Courts at an earlier stage started to fox decisions on the basis of civilised Laws based upon Doctrine of antiphonary Superior and gradually sluice criminal law was pursue in cases with incarnate defendants. This pr fleckice followed by judges, however raises a question that liability cannot be imposed upon a corporate entity as it does not acting on its own. Its employees, directors, instruments etc. sound recording on behalf of company. Further for our advance understanding we must know whats an result? action is a comprehensive show which is used to describe the family relationship where one person is sprightly by some other in order to bring the latter(prenominal) into levelheaded relations with deuce-ace person. The Indian Contract practise does not define Agency scarcely it defines an gene as a person employed to do any act for other or to represent another in transaction with third person.
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The person for whom such act is done, or who is so be is called the forefront (section 182). It is therefore postal code but a delegacy of authority from a principal to its agent. Similarly, in the linguistic mount of a corporation, the principal prosecute an agent to perform tasks requiring the agent to make decisions on his behalf. In the business world, the main self-assurance relationships concern shareholders and managers or debt holders and stockholders. simply it often appears that the principal and his agents facet divergent interests leading to a departure between them. This conflict of interests is commonly known as the agency problem. Corporate criminal liability in mount of agency would signify relevance with one another as we go through the...If you destitution to get a amply essay, order it on our website: Ordercustompaper.com

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