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corporate criminal liability versus vicarious liability

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Distinguish between corporate criminal liability versus vicarious liability resulting from negligence of an health care organization's employee. In other words what are the legal elements of criminal versus negligent liability for the organization resulting from employee conduct?

What is apparent agency and what impact does the status of the agent/employee versus independent contractor have on the analysis of liability?

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Solution Summary

Corporate liability, which is covered under the criminal law statutes, determines to what extent a corporation can be held liable for the criminal acts and omissions of its employees. It is sometimes considered as an aspect of criminal vicarious liability which is defined below however it is distinctly differentiated by the wording of the actual offense whether liability is attached to the corporation as the principle, joint principle or a specific person.

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1. Distinguish between corporate criminal liability versus vicarious liability resulting from negligence of an health care organization's employee. In other words what are the legal elements of criminal versus negligent liability for the organization resulting from employee conduct?

Corporate liability, which is covered under the criminal law statutes, determines to what extent a corporation can be held liable for the criminal acts and omissions of its employees. It is sometimes considered as an aspect of criminal vicarious liability which is defined below however it is distinctly differentiated by the wording of the actual offense whether liability is attached to the corporation as the principle, joint principle or a specific person.

The penalties associated with corporate liability include imprisonment, fines and community service, however, a company has no real physical existence so it can only act vicariously through it employees. This creates a gray area in the law in that, even though human beings commit the crimes that the penalties should apply to, it is unclear to what extent the ...

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