Quote:
Originally Posted by Frieza_Prexus
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Generally, under vicarious liability, illegal activities are never held to be under the scope of duties. This is essential to the concept. If a pest control worker sets a house on fire to get rid of all the pests, such an action was not within the scope of his duties.
Similarly, I suggest that a lone individual exploiting to assist the guild is not, and can never be, within such a scope. However, if it was blessed and supported by the leadership, that becomes a different story entirely in which guild-wide punishments can then be brought into play.
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If you want to play lawyer, then how about we use racketeering as the charge.
Under the current federal doctrine of vicarious criminal liability,
an organization is held criminally responsible for crimes
committed by its agents within the scope of their employment and
with the intent to benefit the organization
See Developments in the Law-Corporate Crime: Regulating Corporate Behavior
Through Criminal Sanctions, 92 HARv. L. REV. 1227, 1247 (1979) [hereinafter Developments].
For a general discussion of this area, see
Brickey, Rethinking Corporate Liability Under the Model Penal Code, 19 RUTGERS L.J.
593, 629-34 (1988).