The Corporation Is Being Charged by the Government for a Toxic

Multiple Choice

The corporation is being charged by the government for a toxic spill. Bernard is the only engineer on the board of directors thought to have expertise in this area. Which of the following is NOT one of the elements to be considered in assessing a director's defence of having shown "due diligence"?

A) The corporate officer in charge was fully apprised of the system and had reported back periodically to the board.
B) Bernard immediately took action when he received notice the system failed.
C) Environmental agency circulars were received and read regularly.
D) The board reviewed each officer's report and felt they could place reliance on them.
E) The pollution prevention system was in place and was being supervised.