Business Negligence, Liability and Legal Risk

Indian Institute of Management Ahmedabad

Indian Institute of Management Ahmedabad

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About the course

In India and internationally, Courts have frequently stepped in and extracted substantial damages from companies and their managers, arising from shortcomings in the products, not meeting of statutory requirements, or due to negligence.

This represents legal risk, and its impact extends far beyond the balance sheet of the company. Liability can devolve to both the company and its managers, and it can be civil, criminal or both. For a company, this can affect products and processes, require changes in management, and even adversely affect the reputation of the company. For managers, the cost may have far reaching personal consequences arising from bearing of litigation costs, payment of fines and damages, and even imprisonment.

While civil liabilities entail recovery of wrongful gains, fines and compensation. Criminal liability entails imprisonment. Further, both would likely involve future restrictions on the ability to conduct business and holding of positions in companies. The course will cover examples from a wide variety of sectors, including FMCG, medical equipment, automobile, finance, liability relating to environmental damage, defamation, privacy, negligence etc.

This programme aims to help managers to identify likely sources of risk and understand the steps that can be taken to mitigate it in a timely manner. Overall, the legal risk that a company and a manger face in day to day business transactions will be the core of the programme.

Objectives

  • Identify legal risk arising from regular business activities.
  • Implication of tort law in cases of negligence.
  • Understanding how criminality is attributable to companies and directors.
  • The power of Indian courts- Statutory and Inherent.
  • Study examples of:
    • Conditions for imposition of liability
    • Quantum of fines and compensation
  • Learn from real sectoral examples.

Contents

• Negligence and liability in business transactionsleading to legal risk • Corporate criminal liability under Companies Act 2013 • Liability of directors under Companies Act 2013, SEBI regulations and under other civil and criminal laws • No fault/strict/absolute liability for environmental damages • Liability under auditing process • Product liability under negligence • Consumer Protection Act 2019 and liability of manufacturers and sellers • Business reputation and defamation, including criminal defamation • Commercial Disparagement • Privacy

Videos and materials

Business Negligence, Liability and Legal Risk at Indian Institute of Management Ahmedabad

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Disclaimer

Coursalytics is an independent platform to find, compare, and book executive courses. Coursalytics is not endorsed by, sponsored by, or otherwise affiliated with any business school or university.

Full disclaimer.

Because of COVID-19, many providers are cancelling or postponing in-person programs or providing online participation options.

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