Because knowledge of the seller means the actual or constructive knowledge of a director or officer of the seller or the company after a formal request. With this type of knowledge, the risk of an unreached legal dispute is transferred from the seller to the buyer. Therefore, it is added to an agreement to exempt the seller from any liability after closing. In the event of a breach of an agreement, these “knowledge qualifiers” protect the seller if he did not have knowledge of the facts that led to the breach. Constructive knowledge is knowledge that a person legally assumes, whether or not he or she does so, since knowledge can be obtained through the application of reasonable care. This type of knowledge contains language that refers to an obligation that the parties have, since this knowledge is attributed to a particular person by law, for example, the court ruled that the partners had constructive knowledge of the partnership agreement, although none of them read it. The test is an identification test. If the natural person acting can be “identified with the spirit of the enterprise” in the execution of the actions that form the actus reus, all the relevant mental elements are attributed to the company. This test, sometimes called the alter-ego test, is objective and cannot be distracted by the title or job description that the human agent formally holds. This prevents the circumvention of responsibility by the simple purpose of appointing the real director of affairs as custodian.
In law, the principle of attribution or attribution does not support the concept that ignorance juris non excusat – ignorance of the law excuses. All laws are published and are available in all developed countries. The content of the law is attributed to all persons within the jurisdiction, however temporary it may be. A standard example of imputation stems from the principle of joint effort. When two or more people engage in a joint exercise, they are also responsible for everything that happens during the execution of their plan. To this end, joint directors are treated as if they knew everything that was going on, whether they were present or not. The necessary mena, formed by one, is assigned to the others to allow a conviction. Suppose a gang conspires to rob a bank. You stay outside in the car to ensure a quick escape.
If the others kill a security guard in the bank, the driver is jointly and severally liable for the homicide. However, not all actions trigger this transfer. When acting, the human agent identified as a spirit must promote the interests of the company in a practical way. If they are involved in a very personal activity – for example. B, angrily attacking a colleague or stealing from the company – the courts do not award the corresponding mens rea to the company. If it is determined that they are underemployed or unemployed, the next step is to charge income to that party. Crediting income means that a rate of income is set for a portion, regardless of their current situation. To impute income to an underemployed or unemployed party, the first places where they should look for the amount of income are the New Jersey Department of Labor, the Wage Compendium, and the party`s recent wage history, such as .
B a paycheck or social security certificate. At least it can be assumed that you have a minimum wage. In some cases, employability experts are tasked with making a detailed assessment of the earning capacity and earning capacity of the game, and an expert opinion on the amount of income to be underestimated is provided. Once the income is known, agreed, or imputed, the parties can move on and discuss support and other financial considerations relevant to their case, and hopefully resolve any issues in their divorce amicably and effectively. Knowledge of an agent of the facts that the law presupposes of the person who employs him (the client), regardless of his actual knowledge of these facts. A buyer of land has taken note of all issues relating to the purchase of which his representative (i.B lawyer) is (or reasonably should have) knowledge. See also the actual notification; constructive advice; notice. To be held responsible for a criminal offence, a person must have both committed a prohibited act (actus reus, which must be intentional: see automatism) and have at the relevant time an appropriate mental element (mens rea) (see technical requirement for conformity). A key element of the Mens Rea is any knowledge that the alleged criminal may have had.
For these purposes, knowledge can be both real and constructive, that is, the court can know where it is appropriate. It is not a problem if the alleged criminal actually intended to cause the special harm. This becomes more difficult when the defendant denies having any real knowledge. In assessing conduct, the trial assumes that the accused was aware of his or her immediate physical environment and understood the practical cause and effect. A mens rea is assumed if a person with reasonable pension provision had foreseen in the same circumstances that the actus reus would occur. This prevents a person from raising a defense based on intentional blindness (note that in the United States, intentional blindness has a slightly different meaning). to attribute, to attribute, to attribute, to credit means to put something on the account of a person or thing. Ascribe suggests a derivation or conjecture of cause, quality, authorship. false paintings, formerly attributed to the attribute of the master, indicate less provisional character than attribution, less certainty than assignment. Attributed to Rembrandt, but possibly carried out by an associated assignee, the award implies with certainty or consideration. Bones attributed to the Cretaceous period suggest attributing something that discredits prosecution or guilt.
Attempting to impute sinister motives to my actions, credit involves attributing something, or in particular, an action to a person or thing other than their agent, source, or explanation. Attributed to his teammates for his success Impute is a somewhat formal word used to indicate that someone or something has done or is guilty. It is similar in sense to words such as attribute and attribute, although it suggests more than one association with something that brings discredit. When we impute something, we usually impute it to someone or something. You may also come across the related name that appears in contexts such as “I deny all your blame.” Another meaning of attribution means “to be calculated in value or costs (as for taxation)”, as in “assume an advantage of the use of the car”. Middle English, from the Anglo-French impute, from the Latin imputare, from in- + putare search for: `imputed notice` in Oxford Reference » Without these definitions of knowledge, there is a significant risk that the knowledge of employees can be assumed, even if they have not been involved in the preparation of insurance and guarantees. Therefore, these risks have led to a universal tendency to link the definition of knowledge to a list of parties to knowledge – therefore, these definitions of knowledge are used to communicate to a court whose knowledge can be attributed to the seller. A problem arises when the defendant is a business. It is in the nature of things that a fictitious person can act only by the human capacity of the natural persons he employs. Similarly, there is no point in constituting the mens rea. Therefore, the concept of enforcement agents` liability for enterprises and other business units depends exclusively on the ability to impute knowledge. Once the above factors are taken into account and applied to the facts of a particular case, it can be determined whether a party is underemployed or unemployed or not.
The main difference between these two types is that constructive knowledge has a duty to investigate, since the parties legally assume that they have it. It is important to distinguish between these two types of knowledge, as they can have a considerable effect in determining whether a party is responsible or not. Under English law, a company can only act through its employees and agents, so it is necessary to decide under what circumstances the law of the agency or enforcement agents applies in order to hold the company liable in tort for fraud by its directors or officers. If liability for the particular offence requires a state of mind, then to be liable, the director or officer must have that state of mind and it must be attributed to the corporation. Actual knowledge is direct and clear knowledge when the party concerned has knowledge of a particular event causing a violation; it may be proved by circumstantial evidence, and if the circumstances are such that the defendant must have known it` a conclusion on actual knowledge is permitted […].