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Assignment on Business Law PDF

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Added on  2020-03-28

Assignment on Business Law PDF

   Added on 2020-03-28

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Running head: BUSINESS LAWBusiness LawName of the studentName of the universityAuthor note
Assignment on Business Law PDF_1
1BUSINESS LAWAnswer 1Some basic principles for identifying corporate liability in relation to both criminal andcivil wrongs committed by servants and Agents of the organisation are derived from theidentification doctrine. With respect to this theory the mind's individually and collectively of oneor more persons who direct and control the organisation are with respect to law the mind of theorganisation itself. The Doctrine is therefore known as the theory of directing mind and will. Thedoctrine was initially developed from the case of Lennard's Carrying Co Ltd v AsiaticPetroleum Co Ltd[1915] AC 705. The question in this case before the House of Lords was thatwhether a ship owner can be held liable for losses with respect to cargo because of one of itsships being negligently navigated. It was provided by the judges in this case that the actual faultis not only determined through the liability of agents and servants but also in relation to theliability of the organisation which can be held liable through someone who's negligence can beidentified as the action of the corporation itself.Following this case in the case of Daimler Co Ltd v Continental Tyre and RubberCo(Great Britain) Ltd[1916] 2 AC 307. It was confirmed by the judge that the place ofresidence of the company can be held as one where directing mind and will of the organisationcontrolled and operated its officers. In the case of El Ajou v Dollar Land Holdings plc[1993]EWCA Civ 4 the doctrine of directing mind and will was completely reshaped by the court. Inthis case it was provided by the court that any person can be a directing mind and will of thecompany in relation to different purposes. Therefore the basic principle of this theory is thatanyone who is controlling and managing the company is regarded as the person who is directingmind and will of the company.
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