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UNIT 11. STRICT LIABILITY AND COMMON DEFENSES
In each field of our law we have sections which are called strict li ability. For understanding, these are matters where the people, speaking through their legislators, have determined that, for whatever reason, the mental state of an individual is to have no impact upon the question of responsibility. That is, you are responsible for the harm which your ac tions cause even though you never intended anything evil and even though you may be acting reasonably and prudently under the circum stances and even when there is no measurable harm present.
Here are examples from each field of the law:
Criminal Law: sale of alcohol to one under 21 is a crime; driving under the influence of alcohol even though no accident occurred; inter course with a girl under a set age (statutory rape); use or possession of any "controlled substance".
Tort Law: maintaining dangerous instrumentalities (dynamite) or dammed up water if anything goes wrong and damage results.
Contract Law: introducing a product into a stream of commerce means that all that must be proven is that the merchandise was faulty. The manufacturer is liable regardless of state of mind or reasonable be havior in design and production.
Property Law: any trespass upon my property or person.
Defenses in Common Law to crimes or torts of intent included: de fense of self, others or property; necessity; acting under actual or ap parent authority; age (minority); mental capacity (insanity).
Defenses to negligence were: contributory negligence (now modi fied to comparative negligence); assumption of risk; mitigation of dam ages; last clear chance; mental capacity and age; statutes of limitation (fixed times in which to file suit or lose the right).
Property defenses all focused upon who has what rights.
Contract defenses focus on what the parties did or did not intend (meeting of the minds) or what should have been expected (recovery for actions taken in reasonable reliance upon promises).
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A SUMMARY OVERVIEW OF CRIMINAL LAW, TORTS, PROPERTY LAW, CONTRACT LAW, AND EQUITY
In Criminal Law, judges ask:
In Tort Law, judges ask:
In Property Law, judges ask:
In Contract Law, judges ask:
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