sec.96Conduct of representatives

sec.96 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, opinion or purpose. (sec.96-ssec.1) 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. (sec.96-ssec.2) 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. (sec.96-ssec.3) 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, opinion or purpose.

• (a) the conduct was engaged in by a representative of the person within the scope of the representative’s actual or apparent authority; and
• (b) the representative had the state of mind.
• (a) the person was not in a position to influence the representative in relation to the conduct; or
• (b) 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.
• (a) for a corporation—an agent, employee or executive officer of the corporation; or