Company Law and Liability

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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?

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?

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?

Because it is difficult to attribute liability to a company's representatives Signup and view all the answers

What is the case that established the identification doctrine?

Lennard's Carrying Co Ltd v Asiatic Petroleum Co Ltd 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?

Directing mind and will Signup and view all the answers

What is the difficulty in applying the identification doctrine in large organisations?

It is difficult to locate the 'directing mind' due to diffuse decision-making Signup and view all the answers

Why might some unscrupulous managers delegate important tasks to low-level employees?

To avoid liability Signup and view all the answers

What is a limitation of holding a company liable for manslaughter?

It requires the actions of a single individual Signup and view all the answers

What was the outcome of the R v P&O Ferries (Dover) Ltd case?

The company was not held liable as the court was not able to identify a single person responsible Signup and view all the answers

What is a consequence of the current state of corporate criminal liability?

Corporate criminal liability should be amended 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?

Infected with the disease of sloppiness Signup and view all the answers

What is the main criticism of the fines imposed on companies under a DPA?

They are too lenient and do not deter criminal behaviour Signup and view all the answers

What principle is favoured over the identification doctrine in terms of corporate criminal liability?

The 'failure to prevent' principle Signup and view all the answers

What is a limitation of the Corporate Manslaughter and the Bribery Act 2010?

They do not deal with serious injuries due to workplace accidents Signup and view all the answers

What is the main advantage of the Corporate Manslaughter and the Bribery Act 2010 over the common law?

They are more effective in not allowing companies to avoid liability Signup and view all the answers

What is a consequence of the wording of the Corporate Manslaughter and the Bribery Act 2010?

The acts are open to interpretation and allow companies to avoid liability in some cases Signup and view all the answers

What is the purpose of a DPA in the context of corporate criminal liability?

To impose a large financial penalty and require companies to take certain steps to prevent future offending Signup and view all the answers