Vicarious liability occurs when one person is held liable for the actions of anotherand perhaps when the

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• Vicarious liability occurs when one person is held liable for the actions of another—and perhaps when the former person has no idea what the latter person is up to.

• There are two conditions that make vicarious liability different from accomplice liability: (1) it takes only one party’s actions to trigger liability, and (2) liability transfers from one of them to the other.

• Corporate vicarious liability refers to the liability of a corporation, no matter its size, for the criminal conduct of its employees.

• The general rule today is that a corporation is criminally liable for the actions of its agents when (1) those agents act in the official scope of their employment for

(2) the benefit of the corporation.

• With individual vicarious liability, one person (instead of a corporation) is held liable for another’s behavior.

For example, in some states, parents can be held criminally liable for their kids’ illegal activities.

Questions:-

1. Compare and contrast vicarious and accomplice liability.
2. Compare and contrast the two main varieties of vicarious liability.

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Criminal Law

ISBN: 9780135777626

3rd Edition

Authors: Jennifer Moore, John Worrall

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