Company liability and the Dairy industry development

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Date
2013-04-18
Authors
Mushinge, Malama
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Abstract
One of the features of a good legal system being to respond to changes in society, this thesis gives an account of company liability under the Dairy Industry Development Act. By so doing the paper shows how the aforementioned Act has responded to Privatisation through the inclusion of companies in the Act. This discourse therefore endeavours to identify the extent to which the Act has embraced the concept of the liability of companies. In the first chapter the paper sets the scene by making a few remarks on separate corporate liability by pointing out that a company like a person is capable of suing and being sued. In the second chapter the dissertation, puts into context the two main features of incorporation, the company as a separate legal entity and also the company as a body whose member's liability is more often than not limited. On that premise the chapter highlights the instances when a company may have an unlimited liability of its members and also some of the problems caused by the personality doctrine. In the third chapter however, the paper, gives an account of the dairy industry in Zambia and thereby points out the differences between the functions of the Dairy Produce Board and those of the Dairy Industry Development Board. This is in order to show how the Dairy industry Development Act has responded to the wave of privatization. The fourth chapter in its analysis of corporate criminal liability shows the extent to which the Dairy Industry Development Act sits uncomfortably with the principles of companies and the extent of their liability. The fifth chapter on the other hand outlines the recommendations and draws a general conclusion that,away from the fact that the best recommendation would be to amend section 32 of the Dairy Industry Development Act, this function is left to the legislature.
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Dairy laws--law and legislation--Zambia , Dairy farms
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