Business and Corporate law

QUESTION THREE

a) Outline the circumstances in which a company can be held liable in tort, even though no natural person is liable in tort.

b) How does the law attribute mens rea (ie criminal fault) to companies for the purposes of the criminal law?

QUESTION FOUR

Jim Naylor, Peter Ebden, & David Waldon are partners trading under the name 'Naylor, Ebden, & Waldon'. Michael Mahon supplies them with goods on an ongoing basis. David retires from the partnership, sending a letter to all the firm's trade creditors informing them that he is retiring. An employee of Michael Mahon throws the letter from David Waldon away believing it is advertising, and Michael is unaware David that has retired. The firm continues to trade under the name 'Naylor, Ebden, & Waldon', and Michael Mahon continues to grant credit to Jim Naylor and Peter Ebden, believing David Waldon remains a partner. Jim Naylor and Peter Ebden are bankrupted.

Required:

Advise Michael Mahon whether he can force David Waldon to pay the unpaid trade debts of Naylor, Ebden, & Waldon, referring to relevant statutory provisions