Liability

In a typical court, determinations of criminal liability require a voluntary act and intent to commit a criminal act. Legal theory refers to this as Actus Rea and Mens Rea, and liability as the state of being responsible for something. The legal requirement rests on Mens Rea to determine culpability and the actor’s mental state. A general example of this in criminal law is how liability or no liability in a murder case rests on the actor causing the death intentionally. The goal of this paper is to survey the legal requirements of liability, present opposing arguments, and present theories to enhance the accuracy of legal proceedings when determining fault and liability in legal. Did the actor cause harm? When is one act considered the cause…

The Limited Liability Company (LLC) is the newest form of business legal structure that allows owners the protection from personal liability that is provided to the corporate structure and the pass-through taxation of the partnership. Laws regarding the LLC are evolving, and some issues are complicated. Most certainly, discuss this option with an attorney and/or an accountant to determine the best course of action for your business. An LLC has its own advantages and disadvantages Advantages *…

which include internal and external stakeholders. The stakeholders are people who interest or stake in an organization and their opinion can affect the organization. The main stakeholders incorporate shareholders, creditors, employees and the community. There are advantage and disadvantage for stakeholder when dealing with or using a limited liability company (LLC) structure for small businesses in New Zealand. In a limited liability company, shareholders will have many advantages and also some…

A limited liability company is a hybrid business organization that takes the limited liability aspects of a corporation and merges them with the tax benefits and operational flexibility associated with a partnership. The Commonwealth of Virginia defines a Limited Liability Company or LLC as an entity that is an unincorporated association having two or more members that is organized and existing under the Virginia Limited Liability Act. § 13.1-1002. In the Commonwealth, the first step in…

The veil of incorporation limits the personal liability of corporate directors, officers and employees for actions taken by the business. However, business owners can still be liable for business activities if they failed to follow corporate guidelines, commingled assets or acted recklessly (eHow,2015). The courts typically do not look behind the veil of incorporation if there a separate legal entity. But in certain circumstances, the court is willing to ‘lift the veil of incorporation’. The…

Limited liability companies (LLCs) offer business owners several advantages over sole proprietorships, partnerships and in some cases S and C corporations. Business operators who take advantage of LLC business formation can realize significant financial benefits and can also use living trusts to facilitate exchanging limited liability company ownership more easily relative to using a will. LLCs offer the asset protection enjoyed by corporate entities, are less expense to maintain and require…

Limited Liability Companies (LLCs) Advantages of LLCs A limited liability company (LLC) is seen as “combining the most advantageous features of partnerships and corporations” (Kubasek, Browne, Herron, Dhooge, Barkacs, 2015b, p. 266). Perhaps the most significant aspect is the variety of choices the LLC has upon its inception which are included in the operating agreement. “[T]he enormous flexibility and contractual nature of the LLC may provide advantages such as clearly negotiated and defined…

Many professions require their members to carry basic liability insurance coverage. Anyone from a contractor, mechanic, and even construction worker is in a position to potentially need this type of coverage. Basic liability insurance provides a layer of protection that normally covers an individual for personal, bodily and property damage in the case of flawed workmanship (Joel, 2013). Beyond this basic coverage is professional liability coverage. Professional liability insurance or…

We believe that a Limited Liability Company (LLC) is the best entity structure for partnerships. It is often regarded as a hybrid business structure as it mergers the protection of a corporation with the tax benefits and relative administrative simplicity of a partnership. For these reasons, it is considered an ideal business form for most small to mid-sized businesses with multiple owners. If partners do not form a business entity when they begin doing business, they are deemed to be a…

to the next. It is beneficial for some entrepreneurs and business leaders to think heavily about what style of structure is best suited for their vision. Those styles of structure would be a sole proprietorship, partnership, limited liability, and corporation. Beginning with sole proprietorships, Roger Miller identifies it as “the simplest form of business”. The reason behind that definition is because the owner is in control of everything related to the business.…