A corporation, as a legal person, is generally able to be found to have committed the...
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A corporation, as a legal person, is generally able to be found to have committed the same offences as a natural person. A corporation can be found to be directly liable, or vicariously liable for the actions or decisions taken by employees and even independent contractors working for the company. The fact that a company can be held liable for the decisions and actions of employees or agents which lead to environmental harm can drive companies to ensure all due care is taken and risk management processes are in place. However, penalising the company directly may not be effective in its own right, especially if fines and other penalties are too low to have an impact. As such, it is also important to consider ways to hold individuals within a company personally accountable for environmental harm. If corporations can be liable in their own right, what about their directors and senior managers? A corporation, as a legal person, is generally able to be found to have committed the same offences as a natural person. A corporation can be found to be directly liable, or vicariously liable for the actions or decisions taken by employees and even independent contractors working for the company. The fact that a company can be held liable for the decisions and actions of employees or agents which lead to environmental harm can drive companies to ensure all due care is taken and risk management processes are in place. However, penalising the company directly may not be effective in its own right, especially if fines and other penalties are too low to have an impact. As such, it is also important to consider ways to hold individuals within a company personally accountable for environmental harm. If corporations can be liable in their own right, what about their directors and senior managers?
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Related Book For
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts
Posted Date:
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