Corporate vicarious liability extends to persons in charge and officers, who may be prosecuted absent due diligence. Where a company commits an offence under the Act, the company and every person in charge and responsible for its business are deemed guilty and liable to ... Summary
Corporate vicarious liability extends to persons in charge and officers, who may be prosecuted absent due diligence.
Where a company commits an offence under the Act, the company and every person in charge and responsible for its business are deemed guilty and liable to prosecution; directors, managers, secretaries or other officers are individually liable where the offence is by their consent, connivance or negligence. The rule applies similarly to partners, the karta and managing trustees, subject to a defence if the person proves lack of knowledge or that all due diligence was exercised. "Company" includes firms and associations; "director" in relation to a firm means a partner.
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