C. The defendant gave or received a thing of value.
Commercial bribery typically involves the exchange of something of value (e.g., money, gifts, favors) in exchange for a business advantage. This is the core element that must be proven to establish a claim of commercial bribery.
The other options are not essential elements of commercial bribery:
A. The defendant acted negligently: While negligence can be relevant in certain contexts, it is not a necessary element of commercial bribery.
B. The principal suffered damages as a result of the bribe: While damages may be a consequence of commercial bribery, they are not a required element of the claim.
D. The defendant failed to exercise due care: This element is more commonly associated with negligence claims and is not typically required to prove commercial bribery.
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raochavan
3 months ago