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Vicarious Liability

2 十月, 2015 - 17:22

Vicarious liability is similar to respondeat superior, a civil law concept discussed in . Vicarious liability transfers a defendant’s responsibility for the crime to a different defendant, on the basis of a special relationship. Under a theory of vicarious liability, the defendant does not need to commit the criminal act supported by criminal intent. The defendant just has to be involved with the criminal actor in a legally defined relationship. As in civil law, vicarious liability is common between employers and employees. Corporate liability is a type of vicarious liability that allows a corporation to be prosecuted for a crime apart from its owners, agents, and employees. 1 This is a modern concept that did not exist at early common law. Although corporations cannot be incarcerated, they can be fined. Vicarious liability and corporate liability are discussed in more detail in .