LAW 534 Lecture Notes - Lecture 6: Res Ipsa Loquitur, Actus Reus, Criminal Negligence
14 Apr 2015
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Can you explain a specific section in your own words using key concepts. Primary reason why the employer would be liable barrier wasn"t sufficient (actus reus occurred) Chapter 3 hershey case loss of finger bc she didn"t follow proper procedure of cleaning machine, failed as due diligence defense bc employer committed the prohibited act, training was inadequate. Strict liability most common type (actus reus prohibited act, due diligence) Reasonableness finds its origins in negligence law. Not superhuman, avg person on the ttc. In a criminal context [some regulatory offences can be criminal extremely dangerous environmental pollution] [4-5,6] reasonableness in criminal context market departure* Diff between careless and reckless [reckless is criminal it is a market departure from what is accepted] How do you have an intentionally done unintentional act. We"re willing to hold you criminally accountable bc it is such a market departure, even if we can"t prove intent . [4-7, 8] overturned it in the fontane case.
