Enterprise Liability: Corporations and their agents Flashcards
1
Q
What is the general rule?
A
When a corporate agent engages in criminal conduct, both the corporation and the agent are held criminally liable, provided the agent is acting i) on behalf of the corporation and ii) within the scope of his or her office.
2
Q
What happens with public welfare offenses?
A
When a corporation commits a regulatory offense involving public health or safety, its agents can also be held criminally liable, provided the agents stand in responsible relation to the situation that created a public danger.
