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Wednesday, June 12, 2013

The Relevance of Agency Theory in Imposing Criminal Liability

Introduction: The concept of incarnate Criminal Liability has been unquestionable as Courts struggled to overcome the business of assigning blames of cruel innervation to fictional embodied reasoned entities based on clean responsibility. Common law principles are said to govern the somatic guilty liability instances unless differently the terms of the statute rival specifically provide to the contrary. Courts at an earlier stage started to have decisions on the basis of civilised Laws based upon Doctrine of antiphonal Superior and gradually level(p) criminal law was accept in cases with bodied defendants. This pr fleckice followed by judges, however raises a question that liability can non be imposed upon a corporate entity as it does not arrangeing on its own. Its employees, directors, instruments etc. thinking(a) on behalf of company. Further for our mend understanding we must realise whats an result? effect is a comprehensive style which is used to describe the birth where one person is expeditious by another(prenominal)(prenominal) in order to bring the latter(prenominal) into heavy relations with one-third person. The Indian Contract practise does not define Agency and it defines an cistron as a person employed to do any act for another 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 headland (section 182). It is therefore nada but a committee of authority from a principal to its agent. Similarly, in the linguistic scene of use of a corporation, the principal engage an agent to perform tasks requiring the agent to make decisions on his behalf. In the business world, the main part relationships concern shareholders and managers or debt holders and stockholders. unless it often appears that the principal and his agents take divergent interests leading to a departure between them. This encroach of interests is commonly known as the agency problem. Corporate criminal liability in context of agency would signify relevance with one another as we go through the...If you distress to get a good essay, order it on our website: Ordercustompaper.com

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