7. Parties to crime

Criminal Law ◽  
2019 ◽  
pp. 251-303
Author(s):  
Michael J. Allen ◽  
Ian Edwards
Keyword(s):  
Strict Liability ◽  
Legal Person ◽  
Vicarious Liability ◽  
The Law ◽  
Joint Enterprise ◽  
Corporate Liability

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses the meaning of accomplices, vicarious liability, joint enterprise liability, and corporate liability. All the parties to a crime are accomplices. The person who perpetrates the crime is referred to as the principal. Others, not being principals, who participate in the commission of an offence are referred to as accessories or secondary parties and will be liable to conviction if it is proved that they aided, abetted, counselled, or procured the commission of the crime by the principal. Vicarious liability is a form of strict liability arising from the master–servant relationship, without reference to any fault of the employer. A corporation is a legal person and therefore may be criminally liable even though it has no physical existence and cannot act or think except through its directors or servants.

7. Parties to crime

2021 ◽  
pp. 258-309
Author(s):  
Michael J. Allen ◽  
Ian Edwards
Keyword(s):  
Criminal Law ◽  
Strict Liability ◽  
Legal Person ◽  
Vicarious Liability ◽  
Employee Relationship ◽  
The Law ◽  
Joint Enterprise ◽  
Corporate Liability

Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter discusses the meaning of accomplices, vicarious liability, joint enterprise liability, and corporate liability. All the parties to a crime are accomplices. The person who perpetrates the crime is the principal. Others, not being principals, who participate in the commission of an offence are referred to as accessories or secondary parties and will be liable to conviction if it is proved that they aided, abetted, counselled, or procured the commission of the crime by the principal. Vicarious liability is a form of strict liability arising from the employer–employee relationship, without reference to any fault of the employer. A corporation is a legal person and therefore may be criminally liable, even though it has no physical existence and cannot act or think except through its directors or employees.

7. Parties to crime

Criminal Law ◽  
2017 ◽  
Author(s):  
Michael J. Allen ◽  
Ian Edwards
Keyword(s):  
Strict Liability ◽  
Legal Person ◽  
Vicarious Liability ◽  
The Law ◽  
Corporate Liability

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses the meaning of accomplices, vicarious liability, and corporate liability. All the parties to a crime are accomplices. The person who perpetrates the crime is referred to as the principal. Others, not being principals, who participate in the commission of an offence are referred to as accessories or secondary parties and will be liable to conviction if it is proved that they aided, abetted, counselled, or procured the commission of the crime by the principal. Vicarious liability is a form of strict liability arising from the master–servant relationship, without reference to any fault of the employer. A corporation is a legal person and therefore may be criminally liable even though it has no physical existence and cannot act or think except through its directors or servants.

8. Corporate and vicarious liability

2021 ◽  
pp. 259-291
Author(s):  
David Ormerod ◽  
Karl Laird
Keyword(s):  
Criminal Liability ◽  
Strict Liability ◽  
Legal Personality ◽  
Vicarious Liability ◽  
The People ◽  
Legal Identity ◽  
The Individual ◽  
Corporate Liability ◽  
Personal Liability

This chapter focuses on the potential criminal liability of organizations, particularly corporations. Corporations have a separate legal identity and are treated in law as having a legal personality distinct from the people who make up the corporation. Therefore, in theory at least, criminal liability may be imposed on the corporation separately from any liability imposed on the individual members. There are currently six ways in which a corporation or its directors may be prosecuted: personal liability of corporate directors, etc; strict liability offences; statutory offences imposing duties on corporations; vicarious liability; the identification doctrine; and statutory liability of corporate officers. The chapter also discusses the limits of corporate liability, the distinction between vicarious liability and personal duty, the application of vicarious liability, the delegation principle and the ‘attributed act’ principle. The chapter examines the failure to prevent offences found in the Bribery Act 2010 and the Criminal Finances Act 2017.

4. Strict, vicarious, and corporate liability

2020 ◽  
pp. 84-98
Author(s):  
Nicola Monaghan
Keyword(s):  
Criminal Liability ◽  
Strict Liability ◽  
Mens Rea ◽  
Legal Knowledge ◽  
Criminal Offence ◽  
Vicarious Liability ◽  
Key Points ◽  
Corporate Liability ◽  
A Company

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses the three special forms of criminal liability: strict liability (including absolute liability), vicarious liability, and corporate liability. A strict liability offence is an offence which does not require proof of at least one mens rea element. An absolute liability offence does not require proof of any mens rea elements. Vicarious liability imposes liability on the defendant for the acts or omissions of another person. Corporate liability relates to the liability of a company for a criminal offence.

X. Modelle objektiver Haftung im Deliktsrecht: Das schwerwiegende Erbe des römischen Rechts

2015 ◽  
Vol 132 (1) ◽  
Author(s):  
Maria Floriana Cursi
Keyword(s):  
Strict Liability ◽  
Roman Law ◽  
Vicarious Liability ◽  
Injured Person ◽  
Actual Nature ◽  
The Family ◽  
Liability Without Fault ◽  
The Law ◽  
Civil Codes

AbstractForms of strict liability in the law of delicts: The heavy legacy of Roman law. In Roman law there are two forms of delictual strict liability - i.e. liability for damages, regardless of the participation of the liable person to the harmful act. According to the first model, the pater familias / dominus is liable, because he is the only one in the family who can pay compensation. The second model is instead based on a reference to culpa in eligendo or in vigilando, and the strict liability is justified by the need to ensure an absolute protection of the injured person. The civilian tradition has built its theory of strict liability on this second model, speaking of culpa in vigilando or in eligendo even when - after the distinction between iniuria and culpa was introduced by Chr. Thomasius - strict liability was conceived as liability without fault. This has led to a gap, in the European civil codes, between the dogmatic construction of vicarious liability as subjective, because based on culpa, and its actual nature of objective liability, regardless of fault.

25. Liability of corporations

2020 ◽  
pp. 770-800
Author(s):  
David Ormerod ◽  
Karl Laird
Keyword(s):  
Criminal Law ◽  
Strict Liability ◽  
Vicarious Liability ◽  
Statutory Duty ◽  
Corporate Manslaughter ◽  
Corporate Liability ◽  
Personal Liability

This chapter discusses the ways in which organizations and their members might be held liable in criminal law. It covers personal liability of individuals within an organization; vicarious liability; corporate liability: by breaching a statutory duty imposed on the organization, by committing strict liability offences, by being liable for the acts of individuals under the identification doctrine, and the specific statutory liability of organizations for homicide under the Corporate Manslaughter and Corporate Homicide Act 2007; and liability of unincorporated associations.

13. The Criminal Liability of Corporations

2018 ◽  
Author(s):  
Jonathan Herring
Keyword(s):  
Corporate Crime ◽  
Criminal Liability ◽  
Vicarious Liability ◽  
The Law ◽  
Corporate Liability ◽  
A Company ◽  
Theoretical Issues

This chapter begins with a discussion of the law on corporate criminality, covering the difficulty in convicting companies of crimes; corporate killing; and vicarious liability. The second part of the chapter focuses on theoretical issues in corporate liability, covering the reality of corporate crime; the clamour for corporate liability; whether a company should be guilty of a crime; and what form corporate crime should take.

8. Corporate and vicarious liability

2018 ◽  
Author(s):  
David Ormerod ◽  
Karl Laird
Keyword(s):  
Criminal Liability ◽  
Strict Liability ◽  
Legal Personality ◽  
Vicarious Liability ◽  
The People ◽  
Legal Identity ◽  
The Individual ◽  
Corporate Liability ◽  
Personal Liability

This chapter focuses on the potential criminal liability of organizations, particularly corporations. Corporations have a separate legal identity, and are treated in law as having a legal personality distinct from the people who make up the corporation. Therefore, in theory at least, criminal liability may be imposed on the corporation separately from any liability imposed on the individual members. There are currently six ways in which a corporation or its directors may be prosecuted: personal liability of corporate directors, etc.; strict liability offences; statutory offences imposing duties on corporations; vicarious liability; the identification doctrine; and statutory liability of corporate officers. The chapter also discusses the limits of corporate liability, the distinction between vicarious liability and personal duty, the application of vicarious liability, the delegation principle, and the ‘attributed act’ principle. The chapter examines the failure to prevent offences found in the Bribery Act 2010 and the Criminal Finances Act 2017.

13. The Criminal Liability of Corporations

Criminal Law ◽  
2020 ◽  
pp. 765-781
Author(s):  
Jonathan Herring
Keyword(s):  
Corporate Crime ◽  
Criminal Liability ◽  
Vicarious Liability ◽  
The Law ◽  
Corporate Liability ◽  
A Company ◽  
Theoretical Issues

This chapter begins with a discussion of the law on corporate criminality, covering the difficulty in convicting companies of crimes; corporate killing; and vicarious liability. The second part of the chapter focuses on theoretical issues in corporate liability, covering the reality of corporate crime; the clamour for corporate liability; whether a company should be guilty of a crime; and what form corporate crime should take.

26. Liability of corporations

2017 ◽  
Author(s):  
David Ormerod ◽  
Karl Laird
Keyword(s):  
Criminal Law ◽  
Strict Liability ◽  
Vicarious Liability ◽  
Statutory Duty ◽  
Corporate Manslaughter ◽  
Corporate Liability ◽  
Personal Liability

This chapter discusses the ways in which organizations and their members might be held liable in criminal law. It covers personal liability of individuals within an organization; vicarious liability; corporate liability: by breaching a statutory duty imposed on the organization, by committing strict liability offences, by being liable for the acts of individuals under the identification doctrine, and the specific statutory liability of organizations for homicide under the Corporate Manslaughter and Corporate Homicide Act 2007; and liability of unincorporated associations.

Sign in / Sign up

Export Citation Format

Share Document