CORPORATE TORT IN THE DUTCH CARIBBEAN
Representative not always personally liable
A corporation or (limited) partnership can commit a tort on the basis of an act of one or more representatives, e.g. a managing director or an employee.
Whether or not a tort committed by a representative is considered a tort by the corporation or partnership as well, depends on whether pursuant to generally prevailing views the act of the representative must be deemed to be an act of the corporation or partnership. As in many other cases, this will depend on the circumstances of the specific case.
If a corporation or partnership committed a tort, this does not mean that in all cases the representative involved is personally liable. Only if he has personally acted negligently towards the third party, he will be liable in tort himself.
Karel Frielink
Curacao-based Attorney (lawyer) / Partner
