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In law, a person is acting in a position if they are not serving in the position on a permanent basis. This may be the case if the position has not yet been formally created, the person is only occupying the position on an interim basis, the person does not have a mandate, or if the person meant to execute the role is incompetent or incapacitated.
legal act 1. In French-law-based systems, refers only to those sources of subjective law that are human-made and voluntary (vs. factum iuridicum); 2. In German-law-based systems, encompasses all sources of subjective law, be they human-made or not, voluntary or not. See also negotium iuridicum. ad quantitatem: by the quantity
The courts were therefore acting in the role of the legislature to create new offences and, following the Law Commission Report No. 76 on Conspiracy and Criminal Law Reform, [2] the Criminal Law Act 1977 produced a statutory offence and abolished all the common law varieties of conspiracy, except two: that of conspiracy to defraud, and that of ...
In law, individual capacity is a term of art referring to one's status as a natural person, distinct from any other role. [1]For example, an officer, employee or agent of a corporation, acting "in their individual capacity" is acting as an individual, rather than as an agent of the corporation.
In commercial law, a principal is a person, legal or natural, who authorizes an agent to act to create one or more legal relationships with a third party.This branch of law is called agency and relies on the common law proposition qui facit per alium, facit per se (from Latin: "he who acts through another, acts personally").
This means that the plain meaning rule (and statutory interpretation as a whole) should only be applied when there is an ambiguity. Because the meaning of words can change over time, scholars and judges typically will recommend using a dictionary to define a term that was published or written around the time the statute was enacted. Technical ...
In criminal law. Contributing to or aiding in the commission of a crime. One who, without being present at the commission of a felonious offence, becomes guilty of such offence, not as a chief actor, but as a participator, as by command, advice, instigation or concealment; either before or after the fact or commission; a particeps criminis .
In English law, a corporation can only act through its employees and agents so it is necessary to decide in which circumstances the law of agency or vicarious liability will apply to hold the corporation liable in tort for the frauds of its directors or senior officers. If liability for the particular tort requires a state of mind, then to be ...