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In criminal law, strict liability is liability for which mens rea (Law Latin for "guilty mind") does not have to be proven in relation to one or more elements comprising the actus reus ("guilty act") although intention, recklessness or knowledge may be required in relation to other elements of the offense (Preterintentionally [1] [2] /ultraintentional [3] /versari in re illicita).
The concept of strict liability is also found in criminal law. Strict liability often applies to vehicular traffic offenses: in a speeding case, for example, whether the defendant knew that the posted speed limit was being exceeded is irrelevant; the prosecutor need only prove that the defendant was driving the vehicle in excess of the posted ...
Although federal courts often hear tort cases arising out of common law or state statutes, there are relatively few tort claims that arise exclusively as a result of federal law. The most common federal tort claim is the 42 U.S.C. § 1983 remedy for violation of one's civil rights under color of federal or state law, which can be used to sue ...
Negligence per se involves the concept of strict liability. Within the law of negligence there has been a move away from strict liability (as typified by Re Polemis) to a standard of reasonable care (as seen in Donoghue v Stevenson, The Wagon Mound (No. 1), and Hughes v Lord Advocate). This is true not just for breach of the common law, but ...
On other occasions, causation is the only requirement for legal liability (other than the fact that the outcome is proscribed). For example, in the law of product liability, the courts have come to apply to principle of strict liability: the fact that the defendant's product caused the plaintiff harm is the only thing that matters. The ...
The eggshell skull rule (also thin skull rule, papier-mâché-plaintiff rule, or talem qualem rule) [1] is a well-established legal doctrine in common law, used in some tort law systems, [2] with a similar doctrine applicable to criminal law. The rule states that, in a tort case, the unexpected frailty of the injured person is not a valid ...
The Model Penal Code's definition of accomplice liability includes those who at common law were called accessories before the fact; under the Model Penal Code, accomplices face the same liability as principals. It is now possible to be convicted as an accessory before the fact even though the principal has not been convicted or (in most ...
The International Convention on Civil Liability for Oil Pollution Damage, 1969, renewed in 1992 and often referred to as the CLC Convention, is an international maritime treaty admistered by the International Maritime Organization that was adopted to ensure that adequate compensation would be available where oil pollution damage was caused by maritime casualties involving oil tankers (i.e ...