Dissertation Thesis: Corporate Manslaughter in the UK - page 3
Keywords: Corporate Manslaughter in the UK: Are there enough laws in place to say that the deaths are crimes and not accidents?
By artclub on 14/08/2010
Level: Master's degree (MA, MBA, MSc, MEng, MRes, MPhil etc)
Page Number: 3 of 41 pages: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41
casted upon based on the acts of the senior most member of the organization who is viewed as the controlling mind of the corporation. On the other hand, the aggregation doctrine which was prevalent in US which is also known as the collective knowledge doctrine gives more importance to the activities in addition to mental essentials of various workers of the organisation rather than treating a sole individual to be the controlling mind of the organisation. The principle of reactive corporate fault stipulates that the corporation should be in a position to take measures in case of manslaughter by an employee so as not to repeat it in future and if not taken may be subjected to criminal prosecution. The concept of respondeat superior which paves the way for the principle of vicarious liability, on the other hand, attributes the legal responsibility of the worker to the corporate if the act is done within the course of employment and for the gain of the company as such. The management failure model is the most appropriate one so far as the Corporate Manslaughter and Corporate Homicide Act, 2007 is concerned as the principle embodied in both are similar in nature and that is the fact that offence is done by the corporate in case the activities relates to death of the person or it is owing to the gross breach of duty to take care. As the Corporate Manslaughter and Corporate Homicide Act, 2007 had come into force only on 6th April 2008 the effect of the act is also from that date which means that the act is not applicable to deaths occurred earlier to 6th April 2008 and those are governed by the old legal framework regarding corporate manslaughter.
1.3 Corporate Manslaughter
Slapper (2007) claimed that for every soldier who dies at war, two employees and workers die in their workplaces. With this poignant observation, it is no wonder that the United Kingdom has taken the threat seriously. Of course, how would the production of a corporation flourish if its employees are sickly and playing with the hands of death? This is not like some football tournament wherein the organizers can claim that they have no responsibility for any injuries which might occur during the tournament. No, corporate manslaughter is more serious than that.
Compared to the earlier position, now there is a standard part of the pack of legislation
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