Strict liability

Criminal liability is based upon the coincidence of the guilty act (actus reus) and the guilty mind (mens rea). To be liable, the defendant must have the guilty state of mind at the time he commits the guilty act. Some offenses, however, don’t require mens rea with regard to at least one element of the actus reus. These offenses are called strict liability offenses. When both the actus reus and the mens rea are established and coincide, or when the offense committed is one of strict liability, an absence of valid defence leads to criminal liability. 1.1. Actus Reus The actus reus of an offense could be described as the guilty act; it encompasses all elements of the offense except for the state of mind of the defendant. There are different types…

In a typical court, determinations of criminal liability require a voluntary act and intent to commit a criminal act. Legal theory refers to this as Actus Rea and Mens Rea, and liability as the state of being responsible for something. The legal requirement rests on Mens Rea to determine culpability and the actor’s mental state. A general example of this in criminal law is how liability or no liability in a murder case rests on the actor causing the death intentionally. The goal of this paper is…

Offences of strict liability is an act of crime which does not require intention, recklessness or even negligence to one or more elements in the actus reus. In Malaysia, strict liability can be defined as a legal responsibility for damages or injury even if the person is found strictly liable without his fault or negligence. Under Common Law, there are an aversion to impose strict liability most likely because of the absence of mens rea in these offences. A person is not considered guilty of a…

This essay will look at landmark cases in the development of strict and absolute liability, and its relationship with regulatory offences for the purposes of demonstrating how the balances of mens rea and actus reus, and charter rights with individual statues. In doing so, the essay will show how these balances and their changes represent shifts in understandings and definings of morality and criminality. The essay will first look at the famous historical case of Sault Ste. Marie, Levis v.…

The product liability is mostly caused by an act of negligence, and strict liability. Negligence is a term means carelessness. Moreover, negligence involves a situation where there is harm caused unintentionally and accidentally. An individual is suffering because of someone else carelessness. On the other hand, strict liability refers to a situation that is damaged or harm took place and an individual or an organization is held accountable for that situation without having to prove carelessness…

Question 1 Before determining whether or not Slackbridge is guilty of the charge, it is important to determine whether the offence committed here is one of absolute or strict liability. To do such, it is important to examine the criteria for distinguishing between strict and absolute liability of regulatory offences, particularly pertaining to the language of the legislation. According to Justice MacPherson, by stating “no person shall” in the language of the legislation, it points to absolute…

In terms of imposing liability in criminal law it is essential to prove that the defendant has committed a guilty act whilst having a guilty state of mind. A person can’t commit a crime with only an evil thought, the same as he can’t commit a crime without doing an act. The physical element of a crime is called actus reus whereas the mental element of a crime is called mens rea. These two are vital elements in proving an offence. Without the presence of one, the prosecution can’t prove the…

In general, torts are considered a form of infraction a responsibility imposed by the civil law. When an individual violates one of those responsibilities, and someone property suffers injury, it is considered a negligence can be a surgeon who misdiagnosis a patient and performs an unnecessary surgery. An example of interference with a contract can be a scam artist who set up fraudulent property rental business to get money from people to run out abandoned houses. In all, there are three types…

animals, can be held to a strict liability standard in most states when it comes to the injury of another by their pet, whether it is harm done to another person or to another animal. Strict liability is "applicable even when a defendant is neither negligent nor has any intent of wrongdoing." It is therefore not necessary to prove that the owner had knowledge of an animal's ability to be vicious or that the owner did not take the necessary steps to prevent an attack from occurring. When it…

is to be followed.. The Federal Rule of Evidence restricting the admissibility of subsequent remedial measures will preside in strict products liability cases which is what Widget corporation is facing.. Texas will also apply the Federal Rule of Civil Procedure about the suing of a third-party or in this case, the handyman, defendant rather than use California law. This is because the issue is not the substantive question of whether a potential third-party defendant was liable, but the…