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.

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.

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.

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.

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.

4. Strict, vicarious, and corporate liability

2018 ◽  
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.

scholarly journals MEMAHAMI KONSEP DAN SUBJEK PERTANGGUNGJAWABAN PIDANA DALAM PASAL 39A UNDANG-UNDANG NOMOR 28 TAHUN 2007 TENTANG PERUBAHAN KETIGA UNDANG-UNDANG NOMOR 6 TAHUN 1983 TENTANG KUP

Scientax ◽  
2021 ◽  
Vol 3 (1) ◽  
pp. 159-188
Author(s):  
Bina Yumanto
Keyword(s):  
Board Of Directors ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Investigation ◽  
Vicarious Liability ◽  
The Third ◽  
The Board Of Directors ◽  
The Subject ◽  
Definition Of ◽  
Corporate Liability

In various cases of tax criminal acts, the board of directors is often subject to criminal liability on the grounds of being a signatory to the Tax Return (and/or Tax Invoice) and as a corporate organ that is deemed responsible for all company policies, activities, and operations. In addition, some cases of Tax Criminal Investigation impose criminal responsibility on the board of directors based on evidence of signature in the Tax Return and consideration of the principle of vicarious liability, which is the expansion or representation of liability for compensation under Private Law. This study aims to analyze the criminal liability doctrine adopted by Article 39A of Law Number 28 of 2007 concerning the Third Amendment to Law Number 6 of 1983 concerning General Provisions and Tax Procedures (UU KUP) and whether corporations can be held criminally liable in the offense of that Article. The theory and concepts used are criminal liability and analysis of the elements of Article 39A of the UU KUP, the main doctrines of criminal liability, the definition of legal entities, corporate taxpayers, and corporate liability. The results of the study found that corporate taxpayers as corporations are the subject of criminal liability in Article 39A, in addition to individuals, and Article 39A adheres to the principle of no crime without guilt.

scholarly journals The Individual in International Law: ‘Object’ versus ‘Subject

2019 ◽  
Vol 8 (1) ◽  
pp. 132
Author(s):  
Solomon E. Salako
Keyword(s):  
International Law ◽  
Criminal Liability ◽  
Vienna Convention ◽  
International Human Rights Law ◽  
Legal Personality ◽  
Investment Protection ◽  
The Status ◽  
Municipal Law ◽  
The Individual ◽  
International Legal Personality

There is uncertainty about the status of the individual in international law. The traditional positivist doctrine of international law is that States are the sole subjects of international law and that the individual is the object. The contemporary approach is that the individual is an original subject of international law and the owner of international individual rights. This approach relies for its justification on areas of international law such as investment protection treaties, intellectual property treaties, international human rights law, individual criminal liability in international law and Vienna Convention on Consular Relations where the individual has been brought into contact with international law. The objects of this article are: (i) to assess critically the various areas where the individual has been brought into contact with international law with a view to showing that the individual is not a full subject of international law; and (ii) to show that insofar as the individual possesses a limited locus standi in international law and a limited array of rights, that is, limited legal capacity, the proffered existence of an international legal personality of the individual is not only superfluous but also confuses international legal personality which involves the capacity to perform legal acts in the international sphere with legal personality in municipal law.

6. Corporate capacity and liability

Company Law ◽  
2019 ◽  
pp. 133-168
Author(s):  
Lee Roach
Keyword(s):  
Strict Liability ◽  
Vicarious Liability ◽  
A Company ◽  
Personal Liability ◽  
Do So

This chapter focuses on the complex rules regarding who can act on behalf of the company, and how liability can be imposed on the company for the actions of others. A company can enter into a contract by affixing its common seal to the contract; by complying with the rules in ss 44(2)–(8) of the Companies Act 2006 (CA 2006); or by a person acting under the company's express or implied authority. Section 39 of the CA 2006 provides that a contract cannot be invalidated on the ground that the contract is outside the scope of the company's capacity. Meanwhile, section 40 of the CA 2006 provides that the power of the directors to bind the company, or authorize others to do so, is free of any limitation under the company's constitution. The chapter then considers the four methods of liability: personal liability; strict liability; vicarious liability; and liability imposed via attribution.

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.

scholarly journals TANGGUNG JAWAB PELAKU USAHA TERHADAP PENAYANGAN IKLAN NIAGA YANG MENYESATKAN KONSUMEN

2021 ◽  
Vol 12 (2) ◽  
pp. 1-21
Author(s):  
Sudjana - Sudjana
Keyword(s):  
Criminal Liability ◽  
Strict Liability ◽  
Company Law ◽  
Advertising Agencies ◽  
Professional Liability ◽  
Vicarious Liability ◽  
Article 9 ◽  
Deceptive Advertising ◽  
Rule Out

This study aims to determine the qualifications of misleading commercial advertisements and the responsibilities of business actors including advertisers, advertising agencies and advertising media in connection with the delivery of misleading commercial advertisements. The results showed that the provisions of Article 9 of the UUPK were included false advertising classification, fraudulent advertising types, and deceptive criteria. The provisions of Article 10 and Article 12 of the Company Law are classified as false advertising, fraudulent advertising, straight forwardlie advertising, and misleading advertising criteria. The provisions of Article 13 of the Company Law include the classification of bait and switch advertising, fraudulent advertising, straight forwardlie advertising, and misleading advertising criteria. Article 17 paragraph (1) UUPK includes the classification of false advertising, types of fraudulent advertising, and criteria for misleading and deceptive advertising. The principle of accountability of business actors according to Article 20 of the Company Law is strict liability and vicarious liability. Meanwhile, in relation to Article 9 UUPK, the forms of responsibility are product and contractual liability (Articles 10, 11, 12, 13 and 17 of the UUPK), or professional liability for advertising agencies and advertising media or both and it does not rule out the possibility of business actors being subject to sanctions. based on the principle of the presumption of liability principle and the form of responsibility for criminal liability

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