LAW 534 Lecture Notes - Lecture 4: Res Ipsa Loquitur, Actus Reus, The Man On The Clapham Omnibus
12 Jan 2017
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Document Summary
Chapter 4 is about general defences in a strict liability case (recall that chapter 3 is about the first part of a strict liability offence actus reus) Chapte(cid:396) (cid:1008) is e(cid:374)titled (cid:862)due dilige(cid:374)(cid:272)e(cid:863) (cid:271)ut a(cid:272)tuall(cid:455) it (cid:272)aptu(cid:396)es (cid:373)o(cid:396)e tha(cid:374) that. It discusses the two general defences in a strict liability offence: due diligence; and, mistake of fact. However, the largest part of chapter 4 is focused on due diligence. Review tb table of contents will aid in your understanding! Defence available if the defendant reasonably believed in a mistaken set of facts that, if true, would have rendered his or her act of omission innocent. Avoid liability by showing that her or she took all reasonable steps to avoid the particular event. Defence of due diligence based on objective standard. Requires consideration of what a reasonable person would have done in similar circumstances.
