RPC Book 1 - Civil Liability arising from Crimes

Question 1

RPC Book 1 - Civil liability arising from crimes
Subsidiary civil liability of Proprietors of establishments

In default of the persons criminally liable, proprietors of establishments are civilly liable for what? (2)

Note that there is No Liability in case of robbery with violence against or intimidation of persons unless committed by the establishment’s staff

Answer 1

1) for crimes committed in their establishments, in all cases where a violation of municipal ordinances or some general regulation have been committed by their staff;

2) for the Restitution of goods taken through robbery or theft from guests lodging therein, or for the payment of the value thereof,
2 requirements for this a) guests notified the establishment and b) guests followed the directions by the establishment over the care of goods

Question 2

RPC Book 1 - Civil liability arising from crimes
Subsidiary civil liability of Employers (for acts of staff)

The civil liability is enforceable against the Employer in the same criminal proceeding provided the requirements are met? 4

Is due diligence a defense (for the employer)?
Should the judgment expressly declare that employer has subsidiary liability?

Answer 2

1) employer-employee relationship
2) employer is engaged in some kind of industry
3) employee found guilty committed it in discharge of duties
4) employee is insolvent

Due diligence in the selection and supervision of staff not a defense for employer to escape subsidiary liability.

SCL of employers need not be expressly pronounced in the judgment as it is deemed written therein.