A brief introduction of People’s Republic of China’s Tort Law Student Name: QIAN‚Xin Group: MLM09-01 Student Number:0892439 Table of Contents Background The Tort Liability Law of the People’s Republic of China (‘Tort Law’) which was passed on December 29‚ 2009‚ came into effect since July 1‚ 2010. It is believed that more and more public affairs could damage civil benefits as a result of the rapid development in china’s economy and society. As the response
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the result of the act or omission of the defendant. The Act itself may not be criminal‚ but the result of the act may be. For instance it is not a crime to throw a stone‚ but if it hits a person or smashes a window it could amount to a crime. Causation must be established in all result crimes. Examples of result crimes: Assault Battery ABH Wounding and GBH Murder & Manslaughter Criminal damage State of affairs For state of affairs crimes the Actus Reus consists of ’being’ rather than
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LAW Torts 1 – Negligence: elements of liability Objectives The law of tort has already been mentioned in other topics in a comparative sense. After studying this topic you should be able to: • discuss the nature of tort law; • explain the various interests protected by tort law; • describe the three essentials of the tort of negligence; • apply the test of reasonable foreseeability in relation to the duty of care; • explain the circumstances in which a duty of
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R. v. Thornton 7 R. v. Urbanovich 7 R. v. Ssenyonga 7 B. Voluntariness 8 C. Causation 8 R. v. Smithers 8 R. v. Duncan 9 R. v. Johnston 9 R. v. Nette 9 R. v. Blaue 9 R. v. Cribbin 9 R. v. Harbottle 10 Mens Rea 10 Absolute Liability 11 Sault. St. Marie 11 Reference Re: Section 94(2) of the Motor Vehicle Act 12 Strict Liability 12 R. v. Wholesale Travel Group 12 Negligence 13 R. v. Creighton [1993] SCC – p.80
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as opposed to the mental state of the accused. There must be an act of either commission or omission by the accused for a crime to occur. Omission defined as the failure to act‚ and commission being the guilty act. In order to establish criminal liability‚ there is required proof of both actus reus and mens rea‚ meaning the defendant must have had the intention or knowledge of the wrongdoing‚ and acted upon said intention. For example‚ if one is in possession of an illegal narcotic‚ one is not acting
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Bibliography: Primary Sources : The Indian Penal Code‚ 1860 Information Technology Act‚ 2000 Secondary Sources : Barendt‚ Eric‚ Freedom of Speech‚ 2nd Ed.‚ Oxford University Press‚ Oxford‚ 2006. Ferrera et al.‚ Cyber Law : Text and Cases‚ 2nd ed.‚ Thomson‚ USA‚ 2004. Gupta‚ Apar‚ Commentary on Information Technology Act‚ Wadhwa & Co.‚ Nagpur‚ 2007. Justice Chadrachud‚ Y. V‚ Ratanlal & Dhirajlal- The Indian Penal Code‚ 29th Ed.‚ Wadhwa & Co.‚ Nagpur‚ 2004. Kamath‚ Nandan‚ Law Relating to Computers‚
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Actus Reus The physical element of a crime: o An act o An omission (failure to act) o A ‘state of affairs’ Conduct‚ consequence‚ circumstances. To complete an offence‚ mens rea is also needed. Strict liability offences do not require mens rea. A ‘state of affairs’ is an involuntary act: o Larsonneur 1933- D ordered to leave UK; brought back to UK against her will but Irish police. Convicted‚ despite involuntary act. Actus reus must be proved: o R v Deller 1916- D thought he’d mortgaged car‚ and
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with strict liability. III. Methods (1) Distribute Handout #1 (Hypos) (2) Read the introductory hypothetical aloud as a class. Ask for volunteers to answer the questions. a. The class should come to the conclusion that Frank did “cause” Bill’s death in the sense that if he hadn’t moved the mirror in the particular way he did at that exact time‚ the window washer wouldn’t have been blinded and Bill wouldn’t have slipped. This is a good example of “but for” or “actual causation” as used in
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Criminal Liability Actus reus The actus reus of a crime is the voluntary‚ deliberate act of the defendant. seen in the case of Hill v baxter 1958- in this case the court gave examples in a situation where a driver of a car would not be driving voluntary e.g. being stung by a bee and being hit on the head by a stone. The actus reus is any act of the defendant that is unlawful and has the consequence of causing injury to the victim that the law classifies as a wound or grevious bodily harm
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Criminal Law LE1430 FRI/ AM April 5‚ 2013 Homework Assignment Page 54 a. What are the basic requirements for criminal liability? The basic requirements for criminal liability is the performance by a person of conduct which includes voluntary act or the omission to perform a duty imposed by law which the person is physically capable of performing. b.Under what circumstances may an individual be convicted of a crime by failing to act? An individual may be guilty of a crime by
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