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'Attempts to impose criminal liability for manslaughter on companies are both futile and misguided'. Discuss
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'Attempts to impose criminal liability for manslaughter on companies are both futile and misguided'. Discuss 'A company may be vicariously liable for the negligent acts or omissions of its servants and agents, but for a company to be criminally liable for manslaughter - on the assumption I am making that such a crime exists - it is required that such a crime exists - it is required that the mens rea and actus reus of manslaughter should be established not only against those who acted for or in the name of the company but against those who were identified as the embodiment of the company itself'. Per Turner J in P & O European Ferries (Dover) Ltd 1991 93 Cr App Rep 721 Manslaughter has traditionally been the one offence at common law in which negligence is expressly recognised as a sufficient basis of liability. Defining the precise degree of negligence required has...
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