Corporate Liability

Question 1

Q: What is corporate liability?

Answer 1

Companies which are ‘legally incorporated’ have a legal personality of their own and they can commit offences.

Question 2

Q: In what ways can companies be criminally liable?

Answer 2

1. Vicarious liable for the acts of their employees
2. Breach of a statutory duty (tend to be strict liability)

Question 3

Q: Can directors or company officials have the necessary MR to make the company itself liable?

Answer 3

Companies can be prosecuted for such offences under the terms of the Corporate Manslaughter and Corporate Homicide Act 2007.

Question 4

Q: Can directors or company officials have the necessary MR to make the company itself liable? Case?

Answer 4

Kite 1996- a company (OLL Ltd) has been convicted, along with its managing director, of manslaughter.