Questions and Answers
What is the basis for attributing liability to a company under the identification doctrine?
The actions of the company's 'directing mind and will'
What is a limitation of the current law in attributing criminal liability to companies?
The law is too complex and uncertain
What is the key principle used to determine corporate liability for civil and criminal wrongs?
The identification doctrine
Why is it difficult to hold companies criminally liable?
Signup and view all the answers
What is the case that established the identification doctrine?
Signup and view all the answers
What is the term used to describe the company's high-level managers and directors who act on its behalf?
Signup and view all the answers
What is the difficulty in applying the identification doctrine in large organisations?
Signup and view all the answers
Why might some unscrupulous managers delegate important tasks to low-level employees?
Signup and view all the answers
What is a limitation of holding a company liable for manslaughter?
Signup and view all the answers
What was the outcome of the R v P&O Ferries (Dover) Ltd case?
Signup and view all the answers
What is a consequence of the current state of corporate criminal liability?
Signup and view all the answers
What is a description of the attitude of a company in the R v P&O Ferries (Dover) Ltd case?
Signup and view all the answers
What is the main criticism of the fines imposed on companies under a DPA?
Signup and view all the answers
What principle is favoured over the identification doctrine in terms of corporate criminal liability?
Signup and view all the answers
What is a limitation of the Corporate Manslaughter and the Bribery Act 2010?
Signup and view all the answers
What is the main advantage of the Corporate Manslaughter and the Bribery Act 2010 over the common law?
Signup and view all the answers
What is a consequence of the wording of the Corporate Manslaughter and the Bribery Act 2010?
Signup and view all the answers
What is the purpose of a DPA in the context of corporate criminal liability?
Signup and view all the answers
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.