LAW 534 Lecture Notes - Lecture 5: Vehicle Insurance, Regulatory Offence, The Man On The Clapham Omnibus
11 Apr 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. Chapter 4 is entitled due diligence but actually it captures more than that. It discusses the two general defences in a strict liability offence: due diligence, mistake of fact. However, the largest part of chapter 4 is focused on due diligence. Review detailed table of contents to better understand the flow of the chapter. Ontario (ministry of labour) v. sunrise propane energy group inc. Review facts at page 4-2. 1: defendants charged under epa and ohsa. Explosions took place when propane transferred from one truck to another; explosions also released contaminants throughout neighbourhood. Employee may not have had proper training ran toward (instead of away from) the danger. Additional tanks were also near the trucks when propane explosion occurred, causing multiple explosions.
