LAW 534 Chapter Notes - Chapter 8: Regulatory Offence, Mens Rea, Inta
19 Oct 2014
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Since the enron scandal, there has been renewed focus on the role of individual liability within corporate organizations. Five types of individual liability: the individual may be a principal who actually commits the offence, the individual may be a party to an offence committed by the corp. One can expect that senior officers will be charged as parties initially, along with corporate defendants. There is an inherent tension between group liability and personal liability. The group responsibility model is better suited to the risk management required in regulated sector. Simplest cases are those where an individual personally participates in conduct that is prohibited by a statute or regulation. Liability as a principle involves a hands on notice of conduct. Liability as a principal is likely to occur where a corporate officer takes a hand on role in the activities of the corporation.
