This is business law class assignment ! Its not essay! Its legal reasoning response Answers does not
Question:
This is business law class assignment !
Its not essay! Its legal reasoning response
Answers does not have to be super long but not too short either
Below are the guidelines
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A6 Help
Please use legal reasoning to respond to this question.
There are 2 issues please write 2 FIRACs:
Buckley is the president of ChemCorp Industries, Inc., a chemical manufacturing company. An inspection by Dorrit, a government agent, uncovers leaking hazardous waste storage and disposal containers in the company's warehouse caused by Ervin, a ChemCorp employee. Fitzroy, a ChemCorp vice president, assures Dorrit that the situation will be corrected, but a later inspection finds that the containers are still leaking and no clean up has been done. Buckley knows nothing about any of this.
Question #1: Can ChemCorp be convicted of a crime in these circumstances?
Question #2: Can Buckley be held personally liable?
Issue #1 FIRAC
Facts
1. environmental violations
2. not corrected by Vice President
Issue
Whether corporation is criminally liable for actions of its employees
when the employee perpetrated a crime by failing to correct environmental law violations?
Rule: Corporate Criminal Liability
1. Crime committed by employee within the course and scope of employment, or
2. Crime ordered by corporation
Analysis:
1. course and scope
the VP had the responsibility to correct violations t the corporation’s facility
The VP failed to make the corrections
Conclusion:
Yes. The corporation is criminally liable for actions of its employees when the employee perpetrated a crime by failing to correct environmental law violations
Issue #2 FIRAC
Facts
1. VP perpetrated a crime when he failed to correct environmental law violations
2. CEO knew nothing about the violations nor the crime
Issue:
Whether the CEO is criminally lable for the crimes committed by the VP
when she knew nothing about the violations nor the crime
Rule: Responsible Corporate Officer Doctrine
1. A Corporate Officer is criminally liable for crimes
2. committed by corporations employees
Analysis:
1. A Corporate Officer
The CEO is a corporate officer responsible for the corporations activities
2. CEO knew nothing
It is irrelevant whether the CEO knew of the criminal activities of the corporations employees
Conclusion:
Yes. The CEO is criminally lable for the crimes committed by the VP even when she knew nothing about the violations nor the crime
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Just like a guideline format should be like :
Facts
(Paragraph)
Issue
(Paragraph)
Rule
(Paragraph)
.
.
.
Thank u :)
Microeconomics An Intuitive Approach with Calculus
ISBN: 978-0538453257
1st edition
Authors: Thomas Nechyba