Corporate Criminal Liability Under §29A(D) of Insolvency and Bankruptcy Code, 2016

Corporate Criminal Liability

The Common Law: Vicarious Liability and the Development of Primary Liability UNLESS THE TERMS OF THE STATUTE INVOLVED SPECIFICALLY PROVIDE TO the contrary, the criminal responsibility of a company or corporation, as distinct from its officers or employees, falls to be determined by common law principles. Under original common law, a company could not be convicted for any criminal offence. The c...

Law Enforcement; a Function of Criminal Liability or Civil Liability

Despite the fact that in investigations and legal writings enough consideration has been paid to the founding principles and rules governing civil and criminal liability as well as damages of crime, the legal or disciplinary responsibility accompanying these two types of legal responsibilities has not been taken seriously into account and the people involved it - in particular, the authorities ...

Insolvency and Biased Standards - The Case for Proportional Liability

We analyze liability rules in a setting where injurers are potentially insolvent and where negligence standards may deviate from the socially optimal level. We show that proportional liability, which sets the measure of damages equal to the harm multiplied by the probability that it was caused by an injurer’s negligence, is preferable to other existing negligence-based rules. Moreover, proporti...

An Evolutionary Theory of Corporate Law and Corporate Bankruptcy

Follow this and additional works at: http://scholarship.law.upenn.edu/faculty_scholarship Part of the Banking and Finance Commons, Bankruptcy Law Commons, Business Administration, Management, and Operations Commons, Comparative and Foreign Law Commons, Corporate Finance Commons, Corporation and Enterprise Law Commons, Finance Commons, Industrial Organization Commons, Law and Economics Commons, ...

Justifications and the Criminal Liability of Accessories