Samuel is the president of United Food Corporation, a large wholesale grocery co

Question

Samuel is the president of United Food Corporation, a large wholesale grocery company that is incorporated. During a routine inspection, Tim, a government inspector, discovers numerous unsanitary conditions in one of United’s warehouses. The conditions were caused by Val, a United employee. Will, the United vice president responsible for distribution, assures Tim that United was unaware of the situation, but that all unsanitary conditions and practices will be corrected immediately. However, when Tim returns one week later to confirm that the problems have been remedied, he discovers that nothing has been done – and now the conditions have gotten worse. Can United be prosecuted and convicted of a crime under these circumstances? If so, what punishment(s) is/are possible? Can Samuel be prosecuted under these circumstances? If so, what punishment(s) is/are possible? Can Val or Will be prosecuted? If so, what punishment(s) is/are possible?

Explanation / Answer

Yes, United can be prosecuted and convicted. United Food Corporation is responsible for its employees acts. There is a specific duty that United and its emplyees are expected to perform as per the law, which they have not. Secondly, the responsibility to keep the warehouse clean and hygenic is within the scope of employment of Val. Will, being the vice president of the company, failed to take any corrective action. Possible punishment will be a fine and on repeat offence cancel of licence for United.

Sameul, the president of United Food, can be prosecuted, only if he had the authority and responsibility to deal with the situation. If Sameul had the authority and responsibility, he can be held personally liable. In this case he can be prosecuted as he is personally liable to prevent such crimes in United as its president. Possible punishment will be a fine and/or a jail sentence.

Val and Will can also be prosecuted as it is a failure on their part to perform their duties which are within their scope of employment. Possible punishment will be a fine and/or a jail sentence.

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