Sunday, August 11, 2019
Legal Research Exercise Assignment Example | Topics and Well Written Essays - 500 words
Legal Research Exercise - Assignment Example The court held that Park, was liable for the actions of his company, creating unsanitary conditions in the compound. The judgement was based on the doctrine of strict liability, together with the principal corporate uplifting veil. The court went for park, who was the natural legal person, who created the company under the terms of company incorporation Act. Strict liability is a doctrine that holdââ¬â¢s an individual liable strictly on him per say, the learned judges in this case noted that, if a person agrees to become a director of a company then he/she must be ready to take consequences and liabilities of illegal practices of the company. Yes, the CEO Mr.Park, was held liable for the company act of unsanitary conditions done by his company and failed to compile with the regulations set up by the regulatory authority, the matter was of public interest and the court dug dipper by applying the corporate veil principals in order to find Mr. Park, criminally responsible for the act s of the company. In matters of criminal liability within a company, the courts will look onto the natural person who gives, directs orders or forms the company in order to establish who committed an act of omission (Upton 125). Civil procedure is a set of rules that governs the way civil cases are litigated in the courts, it also involves the formalities and how cases are filled. They are special proceedings that a person can be granted by the court, outside the normal procedure in civil litigations. This may be based on the complexity of the case or the gravity of case in question. In a civil proceeding, they are two types of parties, the plaintiff and defendant. The plainff is the person who seeks courts action against the defendant who happens to be accused person (Gary 155). A party may appear in any proceeding as a person or represented by a legal representative, accredited by the legal governing body of
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