Minds matter in the law. Whether misconduct is deliberate or mistaken, whether harm is intentionally or knowingly inflicted, whether a person is sorry or not, will frequently bear on critical issues of liability, remedy and penalty, amongst others. This is before we even turn to more complex concepts such as recklessness, dishonesty and unconscionability, in which normative standards and state of mind elements combine. The same point holds true for corporate persons. Unfortunately, it is now well-recognised that the law’s existing, individualistic attribution rules are increasingly ‘unfit for purpose’ as means to determine, and express, corporate culpability. Here, a new model of corporate responsibility entitled ‘Systems Intentionality’ offers a principled and practical way forward, for corporate governance, regulation and liability purposes. At this seminar, Professor Elise Bant will explain the model using a range of topical case studies. These include misconduct the subject of the recent Victorian casino royal commission, in which the model was adopted and applied to striking effect.
The MCCL invites you to join us for drinks and light refreshments after the seminar.
