Civil liability of persons other than corporations
43 Civil liability of persons other than corporations
State of mind
If, in a civil proceeding under this Act in respect of conduct engaged in by a person other than a corporation, it is necessary to establish the state of mind of the person, it is sufficient to show that:
the conduct was engaged in by an employee or agent of the person within the scope of his or her actual or apparent authority; and
the employee or agent had that state of mind.
Conduct
If:
conduct is engaged in on behalf of a person other than a corporation by an employee or agent of the person; and
the conduct is within the employee’s or agent’s actual or apparent authority;
the conduct is taken, for the purposes of a civil proceeding under this Act, to have been engaged in by the person unless the person establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct.
Extended meaning of state of mind
A reference in this section to the state of mind of a person includes a reference to:
the knowledge, intention, opinion, belief or purpose of the person; and
the person’s reasons for the intention, opinion, belief or purpose.
Extended meaning of engaging in conduct
A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.
This Act’s bill:Explanatory memorandumSecond reading speech
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