July 4‚ 2012 BAM530 Business Ethics Unit 3 Question #3: Evaluate the concept of strict liability. Strict liability is the legal responsibility levied on a person or company for certain damages or injury even if they were not at fault. Strict liability can even apply even if the person or company did not physically commit any act to cause the actual injury. Corporations can be held liable for the defects of their product even if they did not know about the problem or harm
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Statutory rape is a strict liability crime. It is defined as “sex between an adult and a minor below the age of consent at the time the offense takes place” (Uslegal.com). This also includes persons who lack the ability of consenting to sex because of physical and mental incapabilities. The Model Penal Code lists Statutory Rape as‚ “male who has sexual intercourse with a female not his wife‚ or any person who engages in deviate sexual intercourse or causes another to engage in deviate sexual intercourse
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Explain the arguments for and against strict liability offences A strict liability offence is one where it is not necessary for the prosecution to prove any mens rea. In most cases of strict liability even if one did not have the intent to commit a crime‚ however reasonable‚ in relation to a particular element of the actus reus of an offence‚ they can still be convicted. This can be shown in reference to Prince and Hibbert. Prince (1875) the girl was taken by Prince even though he knew she was
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When it comes down to the basics strict liability actions and negligence actions go hand and hand. When the elements and defenses come into play the actions may differ‚ however‚ where one might not apply the other might apply depending on the extent of care taken by the tortfeasor. Negligence is defined as the failure to exercise reasonable care to avoid injuring others or the property belonging to others. This would be if somebody does not exercise the amount of care that a reasonable careful
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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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Justifications Based on the lesson plan above‚ there are some aspects that we have used to justify our lesson plan. The aspects include teaching writing skills approaches‚ teaching and learning strategies and teaching aids. The approaches of teaching include process approach‚ product approach and genre approach. Each approach has its own advantages. In this lesson plan‚ we also use a lot of teaching aids like manila card‚ power point presentation‚ jigsaw puzzle‚ video and others. Meanwhile teaching
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Justification – the heart of the Gospel This week’s verse: Galatians 2:11-21 This week we will continue our focus on Justification. This is the heart of the Gospel and the core of what Christianity is all about. Occasion of. The churches of Galatia were founded by Paul himself (Acts 16:6; Galatians 1:8; 4:13‚19). They seem to have been composed mainly of converts from heathenism (4:8)‚ but partly also of Jewish converts‚ who probably‚ under the influence of Judaizing teachers‚ sought
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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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Justification by faith or justification by works? “Justification is a term that describes the event whereby persons are set or declared to be in right relation to god.” Justification by god is presented by Paul to be done only when you have faith and not because of your good deeds/works. On the other hand‚ James states that justification by god is done threw good works. Paul’s letter to the Romans in chapter 4 begins by referring to the Old Testament. The Old Testament taught the same message
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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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