p. 1394. Strict, vicarious and corporate liability
- Janet Loveless, Janet LovelessFormer Senior Lecturer in Law, London Metropolitan University
- Mischa AllenMischa AllenAssociate Lecturer in Law, The Open University
- and Caroline DerryCaroline DerryLecturer in Law, The Open University
Abstract
This chapter examines the concept of strict, vicarious and corporate liability in the context of criminal law. It discusses the implications of strict liability for actus reus and mens rea, evaluates arguments for and against strict liability, and considers the treatment of strict liability under the European Convention on Human Rights (ECHR). The chapter explains the principle of corporate liability, highlights the problems in prosecuting a corporation for a serious crime and explains/critiques the key provisions of the Corporate Manslaughter and Corporate Homicide Act (CMCHA) 2007 in Great Britain. It also provides several examples of relevant cases and analyses the bases of court decision in each of them.
