Podcast
Questions and Answers
What is the basis for attributing liability to a company under the identification doctrine?
What is the basis for attributing liability to a company under the identification doctrine?
- The company's financial records
- The company's industry regulations
- The actions of the company's 'directing mind and will' (correct)
- The company's articles of association
What is a limitation of the current law in attributing criminal liability to companies?
What is a limitation of the current law in attributing criminal liability to companies?
- Companies are not considered separate legal entities
- The law is too complex and uncertain (correct)
- Companies are too easily prosecuted
- The law only applies to small companies
What is the key principle used to determine corporate liability for civil and criminal wrongs?
What is the key principle used to determine corporate liability for civil and criminal wrongs?
- The rule of strict liability
- The identification doctrine (correct)
- The doctrine of vicarious liability
- The principle of respondent superior
Why is it difficult to hold companies criminally liable?
Why is it difficult to hold companies criminally liable?
What is the case that established the identification doctrine?
What is the case that established the identification doctrine?
What is the term used to describe the company's high-level managers and directors who act on its behalf?
What is the term used to describe the company's high-level managers and directors who act on its behalf?
What is the difficulty in applying the identification doctrine in large organisations?
What is the difficulty in applying the identification doctrine in large organisations?
Why might some unscrupulous managers delegate important tasks to low-level employees?
Why might some unscrupulous managers delegate important tasks to low-level employees?
What is a limitation of holding a company liable for manslaughter?
What is a limitation of holding a company liable for manslaughter?
What was the outcome of the R v P&O Ferries (Dover) Ltd case?
What was the outcome of the R v P&O Ferries (Dover) Ltd case?
What is a consequence of the current state of corporate criminal liability?
What is a consequence of the current state of corporate criminal liability?
What is a description of the attitude of a company in the R v P&O Ferries (Dover) Ltd case?
What is a description of the attitude of a company in the R v P&O Ferries (Dover) Ltd case?
What is the main criticism of the fines imposed on companies under a DPA?
What is the main criticism of the fines imposed on companies under a DPA?
What principle is favoured over the identification doctrine in terms of corporate criminal liability?
What principle is favoured over the identification doctrine in terms of corporate criminal liability?
What is a limitation of the Corporate Manslaughter and the Bribery Act 2010?
What is a limitation of the Corporate Manslaughter and the Bribery Act 2010?
What is the main advantage of the Corporate Manslaughter and the Bribery Act 2010 over the common law?
What is the main advantage of the Corporate Manslaughter and the Bribery Act 2010 over the common law?
What is a consequence of the wording of the Corporate Manslaughter and the Bribery Act 2010?
What is a consequence of the wording of the Corporate Manslaughter and the Bribery Act 2010?
What is the purpose of a DPA in the context of corporate criminal liability?
What is the purpose of a DPA in the context of corporate criminal liability?
