CRIM 338 Lecture Notes - Lecture 9: Beaufort Scale, Lightning, No Liability
24 Dec 2014
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Lecture 8 principles of responsibility. David hume: when talking about causes, contiguity cause and effect occurs close together in time and space (aristotle, priority cause before effect, necessary connection effect cannot occur without cause being present. John stuart mill: definition of cause: the antecedent, or the concurrence of antecedents, on which [a given phenomenon] is invariably and unconditionally consequent , consequences not be conditional on some 3rd factor. Simultaneous acts: what happens with more than one cause, a and c simultaneously shoot b in the brain. Causation in torts = did a"s breach of a duty owed to b cause b"s harm: causation determines liability + extent of liability, limited by remoteness or proximate cause. Causation in criminal law = defines offense as intentional act causing specific harm: always require causal nexus causation in fact, proof beyond reasonable doubt .
