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Topic: a good society
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Performance Anxiety
rabble-rouser
Babbler # 3474
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posted 06 December 2003 08:47 PM
which SINGLE major aspect or component of the present one would you eliminate?OPPRESSION what SINGLE principle would you include in the new, improved society?
PLAY
From: Outside of the box | Registered: Dec 2002
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googlymoogly
rabble-rouser
Babbler # 3819
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posted 08 December 2003 10:19 AM
quote: In Canada corporations have all the rights of a natural person. I think the law distinguishes between 'persons' and 'individuals'.
They do. Ever since 1897, actually, in a case called Salomon v. Salomon & Co. Ltd., where a man sued his own corporation. For the most part, pending certain criteria, a corporation can be held liable as an entity in itself in many cases. While this may be highly economically efficient, especially for larger publicly held corporations, it doesn't do anything for actual justice. Except for those damn oddball cases that seem to pop up now and then where it seems to have worked. But the corporate identity is sometimes disregarded in certain cases, i.e. the separate legal identity of the corporation may be disregarded if there is evidence of fraud or other improper conduct on the part of a "directing mind and will" of the corporation; the courts must look at the facts of each case to determine if someone is a directing mind- it doesn't just apply to directors; it used to, but it has been trickling down to lower-level managers. It would be disregarded, for example, to find a director personally liable, rather than to impute liability on the corporation. Like I said, though, this is only applicable in certain cases. There are 4 or 5 other criteria for disregarding the corporate entity (I just did an exam on this) in certain cases. This is different, however, from corporate criminal responsibility. In most cases it is somewhat ridiculous, but there are a few oddball cases where imputing the actions of a director onto the corporation seems to have worked. [ 08 December 2003: Message edited by: googlymoogly ]
From: the fiery bowels of hell | Registered: Mar 2003
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