To be responsible for a crime, a person must have committed both a prohibited act (the Actus reus, which must be ready: see automatism) and have had an appropriate mental element (the Mens rea) at the relevant time (see technical condition for compliance). One of the essential elements of the cafeteria is the knowledge that the alleged perpetrator might have had. To this end, knowledge can be both real and constructive, i.e. the court can, if necessary, submit the knowledge. In most agency situations, agents must be given some discretion in conducting routine transactions. Therefore, there is no need to obtain specific authorization for each transaction or detail as part of a deal. But if the agent acts with real or apparent authority, all the knowledge of the agent is assigned to the client. If contractors were allowed to hide behind the ignorance, errors or miscommunication of their agents, they could achieve better results than if they acted personally. For example, if the deal is good, the principal could take control of the transaction – if it was bad, the Principal could reject it. Without insinuation, there would be a perverse incentive to do business through agents and not personally. Therefore, the client cannot take advantage of ignorance by ordering the agent to withhold important information or naming an agent known as serivity.
To the seller`s knowledge, the actual or constructive knowledge of a director or officer of the seller or company means, upon due request. With this type of knowledge, the risk of an unseered litigation is transferred from the seller to the buyer. Therefore, it is added to an agreement to excuse the seller of the long-term liability. In the event of a breach of an agreement, these ”qualifiers” protect the seller if they have not been made aware of the facts that led to the violation. The test is an identification test. If the individual acting in the conduct of the acts constituting the Actus reus ”can be identified with the spirit of the company,” all relevant mental elements are attributed to the company. This test, sometimes called alter ego testing, is objective and cannot be distracted by the professional title or description formally held by the human agent. This prevents the circumvention of responsibility by the simple opportunity to appoint the real business manager as a janitor. However, not all actions trigger this transmission. In action, the human agent identified as a spirit must promote the interests of the company in a practical way. When they engage in personal activity – z.B attack a colleague out of anger or steal from the company – the courts will not register the men involved in the company.