We will write a custom essay sample. Salmond, Heuston (1996), Law of Torts, publisher: Sweet Maxwell; 21Rev Ed edition, isbn-13. In strict liability situations , although the plaintiff does not have to prove fault, the defendant can raise a defense of absence of fault, especially in cases of product liability, where the defense may argue that the defect was the result. Mens area is the mental aspect of criminal law; it can be easily summarized as the idea of motive. Retrieved 5 December 2013. Due to this informal nexus he places himself in a relationship with all the potential consumers of his commodities, and that relationship which he assumes and desires for his own ends impose upon him a duty to take care to avoid injuring them. Strict criminal liability, then, is simply liability in the absence of intention, belief, recklessness, or negligence(Simons, 1997). 22 (1984) a b c d Mark Wagenbuur (21 February 2013). Although there are many common factors that play their part in each, negligence is irrelevant in strict liability. Of no fault liability. The claimant need only prove that the tort occurred and that the defendant was responsible. Wild Animals someone in possession of a wild animal is liable for harm done by the animal to someone elses person or property, even if the person possessing the animal has taken great care to ensure it is confined to prevent it from doing harm.
In particular, there are reasons for thinking that strict liability may be legitimate in non-stigmatic regulatory offences, there are many reasons that can be considered in t essay but the focus will be on public protection(Simester and Sullivan, 2003). This strict liability case falls into the category of design defects. I understand there has to be a line somewhere and juveniles cannot be held accountable for their actions in these situations but it seems there should be some sort of accountability if not by the child then by the parents. Criminal law cases and materials 7th edition (1999) Storey. In the state of Florida, someone that is at least the age of 16 but is not yet 18 years old can in no way consent to participating in any type of sexual activity if the other participate is aged 24 or older (Statutory Rape). Her parents moved a case against the manufacturer of the riding mower on the basis of strict liability and negligence based on design defect and inadequate warning theories. Dangerous Animals, this category refers to any pet or other animal that the owner knows has dangerous or violent tendencies. Citation needed An early example of strict liability is the rule Rylands v Fletcher, where it was held that "any person who for his own purposes brings on his lands and collects and keeps there anything likely. During your relationship you had consensual sexual relations with the girl on multiple occasions, and then the police show up at your door with a warrant for your arrest. Here a pharmacists conviction was upheld for supplying drugs without a valid prescription, even though he did not know the signature was forged.
There are three primary types of defect in products liability cases: Manufacturing Defects an irregularity or flaw in a product that was mass-produced, the defect of which makes it more dangerous. For example: Marco is annoyed by the neighbors pit bull, which barks at the fence every time his family is trying to enjoy their back yard. 12 In the English case of Sweet v Parsley 1970, it was held that where a statute creating a crime 13 made no reference to intention, then mens rea would be imputed by the court, so that the. Civil Liability Responsibility for payment of damages, or for other court-imposed penalties in a civil lawsuit. Design Defects at times an entire product line is defective as a result of faulty design. But in this case the court firmly asserts that it is unnecessary to inquire what excuse would be sufficient. But the court followed the decision of Phillips. A dog trained to guard the owners property attacks a utility worker as he attempts to read the homes utility meter. Because the injured party in both of these scenarios knew beforehand of the dangers and risks, yet made a conscious choice to engage in the activity anyway, strict liability does not apply. Therefore, proving that an injury or damages occurred, and that they occurred as a result of the plaintiffs activities or product, becomes the focal point of any civil lawsuit on a strict liability tort. Under the livestock category, an individuals dogs may subject the owner to absolute liability in such circumstances as: A farm dog wanders off its property to kill livestock belonging to a neighboring farm. Merk was finally forced to implement a global recall of Vioxx, but by that time, as many as 25 million people in the.S.
5 General Aviation edit The trend toward strict liability in the United States during the mid to late 20th century nearly destroyed the small aircraft industry by the mid 1990s. Show More, when it comes down to the basics strict liability actions and negligence actions go hand and hand. In strict liability the common usage principle comes into play in every case. Strict Liability or any similar topic specifically for you. Minnesotas legislature made it necessary that someone that is driving a vehicle becomes responsible for the content of the vehicle while it is under their control even if they do not own it or have prior knowledge of anything.
Is the activity commonly engaged in by the average person in the community? 5 If it can be proved that a cyclist intended to collide with the car, then the cyclist must pay the damages (or their parents in the case of a minor.). Situations and animals that may subject the owner to strict liability include: a housecat that is known for attacking small children who visit the home a parrot that is not social, and has previously attacked a visitor with its deadly claws. University of Akron School of Law. The proposition that strict liability increases deterrence is implicit in one of the most common arguments given for abandoning a full mens rea requirement, that protection of the public sometimes requires a high standard of care on the part. In this case the court found that even if the defendant was not negligent or rather, even if the defendant did not intentionally cause the harm or he was careful, he could still be made liable under the rule. In this strict liability case, the formulation of the drug itself was defective, placing everyone who took it in harms way. When it comes down to it negligence actions are actions that, if reasonable care is taken, could be avoided and in strict liability actions it is injury caused by a persons engagement in an abnormally dangerous activity. This caused the gas to seep into the next house and the woman was affected. In civil law, a tort is an intentional or negligent act, a civil wrong, as opposed to a criminal act, which causes harm to another.
I am in no way condoning sexual relations with a minor, but I have seen instances where there were charges filed and as a law enforcement officer I would have never guessed the child was a juvenile because of their appearance. Criminal Law Cases and Materials. Although the area is rather close to strict liability essay a housing district, they decide to blast away the rock. Moreover, there are likely to be fewer instances of the actus Reus when doing so is prohibited on a strict-liability basis, because the use of strict liability tends to encourage a higher level of precautions by potential defendants. This does not apply if the cyclist is under 14 years of age, in which case the motorist must pay full damages for unintentional collisions with minors. Having used reasonable care to prevent defects is not a valid defense in such cases. According to Cornell, crimes related to possession of property and statutory rape charges are big areas of concern in criminal law strict liability charges (Strict Liability).
In 2004, a second study, in the form of a clinical trial, confirmed that people taking Vioxx worldwide developed severe cardiovascular problems. The main feature of this aspect is, here the injured is excluded from proving the negligence of seller. A., Kister, Thomas. University of Akron Law Review. Because it is common for some residue to remain in the equipment, which has the potential to cause serious injury or death to some people, the manufacturer must warn consumers about the possible presence of peanuts. Examples of abnormally dangerous activities: Blasting or explosive demolition activities, storing explosives Using or transporting certain chemicals, such as combustibles and acids Disposing of hazardous chemical wastes Production or containment of radioactive emissions Performing controlled burns Certain strict liability essay product defects. A child, playing in a yard two blocks away is hit by a piece of flying rock, causing a deep laceration. Defendant A party against whom a lawsuit has been filed in civil court, or who has been accused of, or charged with, a crime or offense. In todays world it is not uncommon for children, especially girls, to appear much older than they actually are. Criminal law and procedure. The laws of most states hold dog owners responsible if their dogs bite any person, regardless of the situation or perceived fault.