Conduct of representatives
202 Conduct of representatives
If it is relevant to prove a person’s state of mind about particular conduct, it is enough to show—
the conduct was engaged in by a representative of the person within the scope of the representative’s actual or apparent authority; and
the representative had the state of mind.
Conduct engaged in for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have also been engaged in by the person unless the person proves—
the person was not in a position to influence the representative in relation to the conduct; or
if the person was in a position to influence the representative in relation to the conduct—the person took reasonable steps to prevent the conduct.
In this section—
engaging, in conduct, includes failing to engage in conduct.
representative means—
for a corporation—an agent, employee or executive officer of the corporation; or
for an individual—an agent or employee of the individual.
state of mind, of a person, includes the person’s—
belief, intention, knowledge, opinion or purpose; and
reasons for the belief, intention, knowledge, opinion or purpose.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.