it is irrelevant whether Jim knew the liquid was vodka because driving while intoxicated is a strict liability offense. Jim’s attorney contends that if the statute‚ which imposes a severe punishment without proving any mens rea on the defendant’s part‚ is a strict –liability statute‚ it would be unconstitutional. ISSUE The issue in this case is whether Michigan Vehicle Code MCL 257.625 is a strict liability statute? RULE MICHIGAN VEHICLE CODE (EXCERPT)‚ Act 300 of 1949‚ MCL 257.625(1) - (1) A person
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absolute (strict) liability holds a tortfeasor responsible for his or her behavior regardless of fault. Some people feel that it is unfair to hold a defendant accountable especially if he or she did not behave intentionally. “That is why absolute liability is restricted in certain types of activities‚ such as abnormally dangerous task and defectively dangerous products‚ where the risk involved substantially outweighs the benefits” (Okrent‚ 2009). Product liability is any form of liability arising out
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criminal liability. Corporate criminal liability in law determines to what extent a corporation‚ basically a fictitious entity‚ can be held liable for acts and omissions of actual people that the corporation employs. In 1909‚ the U.S. Supreme Court ruled that a corporation “could be held criminally liable for the acts‚ omissions‚ or failures of an agent acting within the scope of his employment” (Carrasco & Dupee‚ 1999). Corporations themselves cannot do actions and so criminal liability falls to
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EXAM OVER CHAPTER #20 1. I: The issue in this case is to identify what type of authority had the agent. R: Actual authority depends upon consent that the principal manifests to the agent. It may be either express or implied. In either case‚ such authority is binding and confers upon the agent both the power and the right to create or affect the principal’s legal relations with third persons. The express authority of an agent‚ found in the spoken or written words the principal communicates to
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APPOINTMENT AND LIABILITIES OF THE “SHAREHOLDERS’ REPRESENTATIVE” UNDER TURKISH LEGAL SYSTEM | Many foreign companies are participated in Turkish companies through joint ventures‚ new company establishments or mergers and acquistions. Since the said foreign companies are located in abroad‚ they appoint one representative to deal with transactions of the company which they own shares. In order to appoint a person as a representative of a foreign company firstly‚ a Shareholders’ Resolution
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attaining the majority or knowledge of admission to the benefits of partnership firm. When the minor fails to give such notice within a period of six months‚ automatically he becomes a partner at the end of six months. The minors are having some liabilities after becoming a partner on attaining majority and he becomes personally liable for all the acts of the firm done since the date of his admission. Moreover‚ he can impliedly ratify the acts of the firm done during his minority. When it comes to
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his/her employees. And after that I will focus on some of the reasons why one person is held liable in certain situations for the torts committed by another person. And then I will finally finish the essay with a conclusion at the end. Vicarious liability is where one person is held liable for the torts of another‚ even though that person did not commit the act itself. For an employer to be held liable for the tort of her/his employees‚ three conditions must be fulfilled. First‚ it should be a tort
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Occupiers Liability for Dangerous Premises Occupiers’ liability is a field of tort law‚ codified in statute‚ which concerns the duty of care that those who occupy (through ownership or lease) real property owe to people who visit or trespass. It deals with liability that may arise from accidents caused by the defective or dangerous condition of the premises. By the expression “Premises” in the context of this topic is meant‚ not only‚ land and buildings but also vehicles‚ railway carriages‚ scaffolding
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Morning Session F. Tort Liability of Healthcare Institutions and Managed Care -Liability for Employees and Non-Employees -Vicarious Liability (pages 418-431): -Agency Law and the Test of “Control”: A. Defining “Employee” in the Hospital Setting -Hospital vicariously liable for acts of employees such as nurses‚ technicians‚ clerks‚ custodians‚ cooks‚ etc. -However‚ physicians are often independent contractors using hospital facilities via staff privileges. So‚ liability of hospitals for physician
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4.2 Strict standards Furthermore the research on finding new antibiotics is strictly regulated under standards‚ licenses and regulations‚ which make the process of finding new antibiotics very hard and non-lucrative for companies [9]. Most antibiotic trials are based upon an equivalent already existing antibiotic. These trials underlay very strict standards‚ such as that the antibiotic which gets tested must achieve equivalent or similar efficiency as the older version. The amount to which the efficacy
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