Employer's Liability Essay Example | Topics and Well Written Essays - 3000 words

Employers Liability - Essay ExampleBefore analyzing the prosecution procedures against the companies it is desired to know more about the criminal virtue under which these companies buttocks be brought for justice regarding the crack and death. The criminal law is not only concerned with compensation between offender and victim alone also with compensation orders and other reparative ideas conniving themselves as a regular adjunct of sentencing options. The criminal law is an ideological function, that it makes statements about the boundaries of tolerated behaviour.Arguments about deterrence whitethorn have fallen from favor as regards the penalization of individual offenders, but corporate bodies may be more susceptible to it. There is not a simple, linear relationship between the enforcement of criminal laws and perceptions of wrongful behaviour. Criminalization ,in its broadest sense is a complex and frequently fragmented process and any role which criminal laws have in rel ation to safety ordain reflect and reproduce, as well as create, attitudes to risk. (Wells,C)(3)A company is a legal person which can only act or form an intention through its directors or employees. Companies must have at least one director and a secretary and the companys Articles will authorize the directors or others to act on behalf of the company or to delegate those powers. A company is legally separate both from those individuals who are entrusted with playing on its behalf and also of course from all its employees who may carry out tasks in the course of their profession which can be regarded for some purposes as the tasks of the company. A company can commit offences ranging from the relatively flyspeck to the serious. It should be sufficient that there is evidence against the director or officer. Directors and officers can also be criminally nonresistant as aid and abettors of the companys crimes or of the crimes of their fellow directors.The existing offenseA compan ys liability may be established bya) Vicarious liability for the acts of a companys employees/agents. b) Non-vicarious liability by reason of the realization principle including offences requiring mens rea a) Vicarious Liability In Mousell Bros Ltd v London and North Western Ry Co 19172K.B. 836 (4)it was held that a corporate/company employer is vicariously liable for the acts of its employees and agents where a natural person would be similarly liable .Here it is to be remembered that it may require mens rea, yet impose vicarious responsibility. On the contrary, it may create stark liability without imposing vicarious liability