Example Legislation Format

Corporate Manslaughter and Vicarious Liability Act 2016

Nota Bene:

When a word or phrase is left undefined by the act, it must be presumed to be defined as per the common law of England and Wales.

This act does not change the common law of vicarious liability at all, except in the case of gross negligence manslaughter.

Article 1 - Corporate Manslaughter

Section 1 - Vicarious Liability

Clause i) In terms of standard negligence done in the course of employment, the common law of vicarious liability shall apply.

Clause ii) Those who may be liable for gross negligence manslaughter are: The employee who committed the negligent act or commission; a superior employee who has the most control over the aforementioned employee at the time of the incident; and the corporation itself. This act seeks to define how liability should fall on the superior employee (s)with the most control over the aforementioned employee, as well as the corporation itself. Clause iii) The standard rules of vicarious liability shall apply, however, the corporation / superior employee may avoid liability if: i) It must be established that the company took steps to enforce this forbidden activity, if it did not, it can still be held vicariously liable. Clause iv) Those vicariously liable for gross negligence manslaughter shall be subject to punishments.
 * 1) The superior employee(s) with the most control is not necessarily the employee immediately above the employee who committed the original negligent act or omission in the chain of command.
 * 2) The “superior employee(s) with the most control” is whoever has the most responsibility for the original employee’s conduct (Negligent act or omission).
 * 1) The negligent act or omission is specifically forbidden by the company; even if the act benefits the superior employee / company.
 * 1) The employee is on a “frolic of their own”.
 * 2) The negligent act or omission is done for a personal benefit of the employee, and not for the business.
 * 1) The employee who commits the original act or omission shall be charged under the Criminal Law Act 2014, as opposed to this act.
 * 2) The superior employee(s) with the most control over the employee who committed the negligent act or omission, shall be liable for the standard punishment for gross negligence manslaughter, as per the “Criminal Law Act 2014”.
 * 3) The corporation itself, if found vicariously liable, shall be subject to a fine of at most 5% of the corporation’s revenue from the previous financial year. The fine shall be limited to a maximum of £50,000,000. This shall be payable to the victim’s estate.