Strict Liability “The law presumes that mens rea is always required in criminal offences‚ unless it is clear that Parliament intended an offence to be one of strict liability”. Discuss. (25marks) The general principle of criminal law is that the prosecution must establish the presence of both actus reus and mens rea. As the majority of criminal offences are created by statute‚ Parliament will usually indicate the kind of mens rea required
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Seminar 7 Vicarious Liability The problem question deals mainly with the issue of Vicarious Liability and Negligence. In order to advise Jerry one would have to explore the rules of vicarious liability‚ relevant statute law and case law which may apply. Vicarious liability has been defined as the person who commits a wrong must be an employee and not an independent contractor‚ the employee must have committed a tort and the tort must have been in the course of employment. The doctrine of ‘vicarious
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DEFENITION: STRICT LIABILITY RYLANDS V FLETCHER CASE i. FACTS ii. DIAGRAMATICAL REPRESENTATION iii. JUDGEMENT iv. EFFECTS OF THE CASE v. EFFECTS OF THE CASE IN INDIA vi. CONCLUSION vii. ESSENTIALS EXCEPTIONS BIBLIOGRAPHY STRICT LIABILITY • A person may be liable for some harm even though he is not negligent in causing the same or does not intentionally cause it or is careful or has taken steps to prevent the same. • e.g.‚ The defendant is liable to the neighbor
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Topics in Criminal Law May 25‚ 2010 Abstract Strict liability crimes require no culpable mental state and present a significant exception to the principle that all crimes require a conjunction of action and mens rea. Strict liability offenses make it a crime simply to do something‚ even if the offender has no intention of violating the law or causing the resulting harm. Strict liability is based philosophically on the presumption that causing harm is in itself blameworthy regardless of the
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A2 law: tort: Vicarious Liability Question 2-Fairness/Unfairness. Vicarious liability arises when one party is responsible for the tort of another. This situation occurs frequently when an employer is held responsible for the torts committed by an employee. An employer can only be held responsible for the torts of an employee‚ not for an independent contractor. There are also some rules that must be satisfied. First it must be proven that the tortfeaser is an employee. The act the tortfeaser
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Current Liabilities Week 3 Assignment Beverly Clarkson November 23‚ 2014 Daniel Carraher RUNNING HEAD: CURRENT LIABILITIES Current Liabilities Current liabilities
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Loose Constructionist v. Strict Constructionist Interpretation of the Constitution The debate over how much power a government should employ over its citizens has been issue in the United States‚ since its first development of government. This clash of views essentially led to the formation of political parties‚ and was the first major political dispute in the United States. Federalist leader Alexander Hamilton who was pro strong central government‚ industrialization‚ businesses and banking‚ was
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Classification of Assets: 1) Fixed Assets : A long term tangible assets held for business use and not expected to be converted to cash in the current or upcoming fiscal year such as manufacturing equipments also called plants. 2) Current Assets : Current assets are those assets which are held for sale or to be converted into cash after some time. 3) Contingent Assets: A contingent asset is one which comes into existence upon the happening of a certain event. If that event happens the asset becomes
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understanding of and actually saw the agreement. WIRETIME definitely interfered with the agreement and created losses because of training an alternative for Janet. Scenario: WIRETIME‚ Inc. (Steve and Walter) Discuss any liability BUGusa‚ Inc. may have for Walter’s actions. The kind of liability to BUGusa in this situation is known as Scope of employment. In this case‚ the security guard carried out the tort of False Imprisonment on Steve. Though Steve wasn’t behaving appropriately‚ neither was Walter
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Through the development and drafting of the constitution‚ two political parties were born. One labeled as strict constructionists‚ the Jeffersonian Republicans‚ and the other labeled as broad constructionists‚ the Federalists. The Democratic-Republicans such as Thomas Jefferson‚ were first labeled as anti-federalists and believed the states should have the most power in the government and most vowed not to sign the constitution without the addition of a Bill of Rights. They believed that if a power
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