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Paper Topic:

VICARIOUS LIABILITY

Running Head : Vicarious Liability

Understanding Vicarious Liability

I

Criminal Liability vs . Liability arising from Negligence

Corporate Criminal Liability refers to the liability imposed to the corporation as a juridical being for the acts and omissions of the natural person it employs . Essentially , because it is a liability imposed to the juridical being for a commission of an act which the law defined as a crime , the state in prosecuting the same must prove the material elements of a crime that is the Mens rea or the intent or the voluntary

act of the defendant in doing the act or omission (Mack , 1999 br

.19 and the Actus Reus or the commission or omission of the act defined as a crime (Bonnie , Et . Al (1997 . Additionally , the corporation must be benefited from the act defined as a crime . A leading example of corporate criminal liability is the case of Tesco Supermarket vs . Nastrass (1971] 2WLR 1166 ) where the corporation was prosecuted for violating Trade s Act 1968 . In that case , the manager of Tesco Supermarket had mistakenly placed normally priced soap powder on the shelf and failed to ensure that the powder was available at the advertised price . The corporation was adjudged to be criminally liable The court in rendering decision declared that the manager may be considered the corporation as he is considered a vital ' organ of the company and thus it may be fairly assumed that his acts represents the policy of the corporation . Another example is when corporation was held liable for antitrust violation committed by its employees acting within their scope of authority and for the benefit of the corporation (United States v . Basic Const . Co (CA41983 ) 711 F2d570

Liability arising from negligence is a liability arising from the failure of a person to use reasonable care . It is a liability imposed on the departure from what an ordinary prudent person would do in the same condition . In to impute liability based from negligence the following elements must be prove by preponderance of evidence : 1 ) the obligation or the duty to use ordinary care 2 ) the breach of that duty 3 ) the resulting injury from such breach of duty and 4 ) the proximate or causal connection between the negligent act of the person and the resulting injury (Budd vs . Nixen (1971 ) 6 Cal . 3d 195 , 200 . A corporation may incur liability arising from the negligent acts of its employees under the principle of vicarious liability . An example of vicarious liability of a corporation is illustrated in the case of MBank El Paso v . Sanchez (836 S .W .2d 151 , where a hired repossessor of the bank towed away a car even after the registered owner locked herself in it , the court held that the repossession is invalid and thus the corporate bank was held vicariously liable for the act of its employee In another case the a medical institution was held to be vicariously liable for negligent act of its employees

Thus , a corporation may be...

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