Management failure as a mode of assessing corporate liability in the land public transport services sector.
There are several risks associated with doing business through corporation. They include risk of noncompliance with legal requirement. Failure to manage compliance may result in the company’s prosecution for crime. Company’s liability for crime was and is still an interesting topic of legal debate...
Saved in:
| Main Authors: | , |
|---|---|
| Format: | Conference or Workshop Item |
| Language: | English English |
| Published: |
2012
|
| Online Access: | http://psasir.upm.edu.my/id/eprint/21065/1/ID%2021065.pdf http://psasir.upm.edu.my/id/eprint/21065/ |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| Summary: | There are several risks associated with doing business through corporation. They include risk of
noncompliance with legal requirement. Failure to manage compliance may result in the company’s
prosecution for crime. Company’s liability for crime was and is still an interesting topic of legal debates.
The outcomes of the discourse can be seen in volumes of papers discussing various corporate crime
doctrines, and liability rules; statutory and judicial. In Malaysia corporate criminal liability is not an issue
that is widely debated despite many instances where corporate activities had maimed individuals or
caused loss of life. In view of the limited resources discussing corporate criminal liability rule in Malaysia,
this study undertakes to review the current approach to assessing corporate criminal liability. The focus
of the review is the common law approach and also statutory provisions. The center of the discussion is
the latest legal development which incorporates management failure as a mode of assessing corporate
liability for crime. This approach which is introduced through the Land Public Transport Act 2010 (LPTA
2010) and the Suruhanjaya Pengangkutan Awam Darat Act 2010 (SPAD 2010) allows the court to
penalize the company for its management failure which may lead to safety and health risk to the public. |
|---|