LAW 602 Lecture Notes - Lecture 4: Due Diligence, Regulatory Offence, Absolute Liability

• School: Ryerson University
• Department: Law and Business
• Course: LAW 602
• Professor: Eric Libman

Document Summary

Lecture 4 strict liability and due diligence. Introduction: due diligence defence is pre-eminent defence to public welfare offences which are presumed to be strict liability in nature. Regulatory offences are presumed to be strict liability in nature; sometimes called a halfway house between absolute liability and mens rea offences. Mistaken of fact would be a proper defense if properly held. Balance of probability must be proven by defence. If you do not show up for trial, how will you show the court that you have been duly diligent. When we determine strict liability, would you measure it from the accused"s point of view (which would be subjective) or would you look at an objective standard. By an objective standard, we determine whether due diligence was established by a reasonable standard (i. e. the reasonable man) Sometimes, the statute actually defines what constitutes as due diligence.