The Judge's Review of the Evidence Confirmed the Lack of an Indication

Multiple Choice

The judge's review of the evidence confirmed the lack of an indication as to who the parties intended to be liable should the contemplated new corporate entity fail to come into existence.In which of the following circumstances is such a finding likely to be most problematic?

A) pre-incorporation contract
B) the identification theory
C) doctrine of constructive notice
D) criminal liability of a corporation