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Related to exculpation: excuse
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52) The parental discipline privilege is the only remaining status-based exculpation for assault; others such as intimate partner violence and the beating of apprentices and students, have long been abolished.
found routine waivers or exculpations of fiduciary duties, (39) which
Utah has since shifted the other direction, and no longer allows for exculpation of officers.
Exculpation provisions merely eliminate the ability to obtain money damages for a breach--they do not eliminated the liability and they are certainly not an indication that those who invoke them did not engage in wrongdoing.
261) Thus, under a Schuldtheorie-infused Article 33(1)(c), the rationale for exculpation would not be that a defendant's conduct was culpable of its own right but excusable because he acted under orders; (262) rather, the rationale would be that a defendant unable to ascertain the wrongfulness of his conduct was never culpable to begin with.
Practitioners forming new Louisiana corporations should be aware that the LBCA does away with the concept of par value, contains a new mandatory provision on director exculpation, and makes changes to the current affidavit of acceptance of the corporate registered agent.
Exculpation charter provisions may not relieve the board from the duty of loyalty as they can with the duty of care.
Coverage encompasses institutions and processes, the justification of punishment, the elements of just punishment, rape, homicide, the significance of resulting harm, and exculpation, among other topics.
Similarly, directors are fully aware of exculpation charter provisions, which create decision rules that further limit their exposure to liability.
Defendants frequently seek dismissal of the negligence claims and negligence-grounded breach of fiduciary duty based on the "business judgment rule" and state law exculpation provisions.
31(a)(2)(i) and (iv) of the Model Business Corporation Act (2002), which hold directors personally liable for violations of their oversight duties only if they did not act in good faith, were grossly negligent or committed such acts intentionally, and, second, by the option of including an exculpation provision in the articles of incorporation pursuant to section 2.
In criminal trials, when mental incapacity is raised--whether for the purposes of exculpation, partial exculpation or for some other reason, such as to prevent a normal trial proceeding--it is often assumed to introduce distinctive and difficult issues of evidence and proof.