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Corporate Liability Role play: defendant legal argument

LAW2001 Corporate Liability Group Case Analysis & Role Play

Learning Outcomes

1.Identify the risks of liability arising from diverse  sources for both the company and its officers  and, in particular, define directors’ duties and  the consequences of breaching those duties

2. Use skills, including analytical and deductive  reasoning, in applying the above knowledge,  rules and principles of corporations law to  factual situations which could arise in practice,  in order to solve a problem perceptively and  creatively or to have sufficient understanding  of the legal issues to know what questions to  ask when referring the matter for legal advice.

NOTE This participation activity is designed to develop students’ reading and research skills, analytical and critical reasoning skills and communication skills, all of which are important to the outcome of the assessments in the course. The benefits of developing these skills, not only in relation to the course itself but also beyond the course, 

The Participation Activity

Students are to be divided into groups of 3, depending on the size of the class. Each group will be assigned one of three cases in the list referred to below, to analyse and present in a role play session. The case analysis is intended to assist with an understanding of the basic principles of corporate liability for tort, crime and contract and also with learning how to develop a legal argument based on those principles. Instructions Each student is to select one of the following roles in the case study, depending on the size of the group: 1. Plaintiff 2. Defendant 3. Court Students are to read the summary of their assigned case in the textbook and then analyse it using the template provided below. For more information on the legal issues raised in the case, see the relevant topic in the text book and you may also choose to read a copy of the law report relating to the case for greater detail. Copies of the law reports are provided in Blackboard. Students are then to take part in a role play with their group in class, detailing the different circumstances, perspectives and arguments of the parties to the court action, and describing the judgement of the court as well as the court’s reasoning on which the judgement is based (the ratio decidendi). Examples of the various roles are provided in the role play template referred to below. 


Answer

______________ is a defendant

LLOYD v. GRACE, SMITH& CO.

I am the defendant Grace, Smith and Co. and Mrs. Lloyd came to know about me that I am a solicitor. She came to my office and she met my managing clerk named Sandles. She gave him the deeds thinking that he was my representative. There is no doubt about the fact that the managing clerk, Sandles was authorized by me to receive the deeds and then carry thorough conveyances and sales and give notice on my beheld. Now what Sandles did was really a shock for me. He dishonestly disposed the documents and himself pocketed the proceeds and all this happened without my knowledge. He himself misused this opportunity and I had no involvement in that. I would like to raise two pints in this connection to protect myself from getting condemned. First LLOYD must have done all the dealings with me and she must have at least informed with the developments which we taking place with Sandles. She must have read the documents carefully in which it was clearly stated that he was transferring the property to his own name.

Then other pretext I want to use is that the fraud conducted by Sandles as he misused the powers which were given to him. I had given him powers but he was expected to carry with his duties with diligence and honesty applied in them. I also believe that Mrs. Lloyd is not the client of the firm and she is a personal friend of Sandles and they had a private deal so the concern has no involvement in the deal. The whole matter is pointing in the direction that in all the events no benefit of the firm is involved and there seems to be clear benefit of Sandles. So he should be guilty of the act.

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