‘Corporate Crime Reporter Reviews Sheley on Vicarious Liability’

“CCR has an interesting piece on Erin Sheley’s ‘Tort Answers to the Problem of Criminal Mens Rea’, including an interview with the author. The abstract to the article provides: ‘The respondeat superior (vicarious liability) standard by which courts hold corporations liable for the crimes of their employees has been widely criticized as being overly inclusive insofar as it punishes fault-less entities. Less acknowledged is that, due to its requirement that the employee have intended in part to benefit the corporation, the standard is also under inclusive in cases of sexual violence facilitated by a corporate entity …'” (more)

[TortsProf Blog, 30 November]

First posted 2018-11-30 12:53:46

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