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Chapter

Cover Smith, Hogan, & Ormerod's Text, Cases, & Materials on Criminal Law

3. Causation  

This chapter discusses a general approach to issues of causation in criminal law. Causation is an important feature in the study of crimes. It is especially so in cases of strict liability where, in the absence of mens rea elements, disputes over causation become the most critical issue in determining liability. The chapter examines some recent Supreme Court judgments in which the court has emphasized the important relationship between causation and fault.

Chapter

Cover Company Law

6. Corporate capacity and liability  

This chapter focuses on the complex rules regarding who can act on behalf of the company, and how liability can be imposed on the company for the actions of others. A company can enter into a contract by affixing its common seal to the contract, by complying with the rules in ss 44(2)–(8) of the Companies Act 2006 (CA 2006), or by a person acting under the company’s express or implied authority. Section 39 of the CA 2006 provides that a contract cannot be invalidated on the ground that the contract is outside the scope of the company’s capacity. Meanwhile, section 40 of the CA 2006 provides that the power of the directors to bind the company, or authorize others to do so, is free of any limitation under the company’s constitution. The chapter then considers the four methods of liability: personal liability, strict liability, vicarious liability, and liability imposed via attribution.

Chapter

Cover Criminal Law Directions

4. Strict liability  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses a special form of criminal liability: strict liability (including absolute liability). A strict liability offence is an offence which does not require proof of a fault element (i.e., where the prosecution need not prove at least one mens rea element). An absolute liability offence does not require proof of any mens rea elements. This chapter also evaluates the arguments for and against strict liability and discusses regulatory offences.

Chapter

Cover Markesinis & Deakin's Tort Law

18. Employer’s Liability  

The liability of an employer to an employee has two aspects. There is liability to employees for harm suffered by them, and liability for harm caused by them in the course of their employment (vicarious liability, covered in chapter 19). Both represent forms of stricter liability. This chapter discusses the negligence law liability of employers, liabilities arising from statutory duties, and related aspects of social security law. It analyses the concept of the non-delegable duty in the employment context. It also discusses the implications for employer’s liability of reforms made to the law of breach of statutory duty in the Enterprise and Regulatory Reform Act 2013.

Chapter

Cover Essential Cases: Tort Law

Rylands v Fletcher (1868) LR 3 HL 330  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Rylands v Fletcher (1868) LR 3 HL 330. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover Essential Cases: Tort Law

Transco plc v Stockport Metropolitan Borough Council [2004] 2 AC 1  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Transco plc v Stockport Metropolitan Borough Council [2004] 2 AC 1. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover Essential Cases: Criminal Law

B v Director of Public Prosecutions [2000] 2 AC 428, House of Lords  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in B v Director of Public Prosecutions [2000] 2 AC 428, House of Lords. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

B v Director of Public Prosecutions [2000] 2 AC 428, House of Lords  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in B v Director of Public Prosecutions [2000] 2 AC 428, House of Lords. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Tort Law

Rylands v Fletcher (1868) LR 3 HL 330  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Rylands v Fletcher (1868) LR 3 HL 330. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover Essential Cases: Tort Law

Transco plc v Stockport Metropolitan Borough Council [2004] 2 AC 1  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Transco plc v Stockport Metropolitan Borough Council [2004] 2 AC 1. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover Markesinis & Deakin's Tort Law

19. Vicarious Liability and Non-Delegable Duties  

Vicarious liability is liability imposed on an employer to a third party for the tort of his employee committed in the course of employment. Vicarious liability is another instance of stricter liability in the sense that the employer who is not at fault is made responsible for the employee’s default. It thereby gives the injured party compensation from the person who is better able to pay and spread the cost of the injury, namely the employer. Anyone who wishes to hold an employer vicariously liable must prove: that the wrongdoer was his employee, or that the relationship between them was ‘akin’ to employment; that he committed a tort; and that he committed it in the course of his employment. This chapter discusses each of this in turn. It also considers contribution between employer and employee; liability for the torts of independent contractors; the expanding categories of non-delegable duties; and the changing contours of employer’s liability.

Chapter

Cover Tort Law

16. Product Liability  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the statutory strict liability for damage arising from defective products as set out in the Consumer Protection Act 1987 and the EEC Directive on Product Liability. It begins by considering the apportionment of risks associated with products and the development risks defence before turning to similarities between statutory liability and common law liabilities based on negligence and on strict liability. It then looks at the reasons why it is misleading to consider ‘product liability’ in isolation and the concept of defectiveness.

Chapter

Cover Criminal Law

4. Negligence and strict liability  

Michael J. Allen and Ian Edwards

Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter discusses the meaning of negligence, arguments for and against negligence as a basis for criminal liability, the meaning of strict liability, the origins of and justifications for strict liability, the presumption of mens rea in offences of strict liability, defences to strict liability, and strict liability and the European Convention on Human Rights. The feaeture ‘The law in context’ examines critically the use of strict liability as the basis for liability in the offence of paying for the sexual services of a person who has been subject to exploitation.

Chapter

Cover Smith, Hogan, & Ormerod's Text, Cases, & Materials on Criminal Law

6. Strict liability  

This chapter focuses on identifying the circumstances in which an offence will be construed as one of strict liability—that is, where the Crown will not have to establish mens rea in relation to every element of the actus reus. The following controversies are examined: the presumption of mens rea, that is, unless Parliament has indicated otherwise, the appropriate mental element is an unexpressed ingredient of every statutory offence; how to ascertain whether an offence is in fact one of strict liability; whether strict liability infringes Article 6 of the European Convention on Human Rights (ECHR); and the merits of strict liability offences.

Chapter

Cover Concentrate Questions and Answers Tort Law

6. Product Liability  

Dr Karen Dyer and Dr Anil Balan

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. The chapter discusses the law on product liability. It covers key debates, sample questions, diagram answer plan, tips for getting extra marks, and online resources. To answer questions on this topic, students need to understand the following: the general principles of negligence; the meaning of strict liability; and the Consumer Protection Act 1987 and its relationship with the common law regarding consumer protection.

Chapter

Cover Smith, Hogan, and Ormerod's Criminal Law

8. Corporate and vicarious liability  

David Ormerod and Karl Laird

This chapter focuses on the potential criminal liability of organizations, particularly corporations. Corporations have a separate legal identity and are treated in law as having a legal personality distinct from the people who make up the corporation. Therefore, in theory at least, criminal liability may be imposed on the corporation separately from any liability imposed on the individual members. There are currently six ways in which a corporation or its directors may be prosecuted: personal liability of corporate directors, etc; strict liability offences; statutory offences imposing duties on corporations; vicarious liability; the identification doctrine; and statutory liability of corporate officers. The chapter also discusses the limits of corporate liability, the distinction between vicarious liability and personal duty, the application of vicarious liability, the delegation principle and the ‘attributed act’ principle. The chapter examines the failure to prevent offences found in the Bribery Act 2010 and the Criminal Finances Act 2017.

Chapter

Cover The Principles of Equity & Trusts

20. Personal Liability of Third Parties  

This chapter examines the personal liability of third parties when there is a breach of trust or breach of fiduciary duty. It explains that there are two types of personal liability of third parties. One is receipt-based liability when a third party has received property in which the beneficiary or principal has an equitable proprietary interest and the other is accessorial liability when the third party has encouraged or assisted a breach of trust or fiduciary duty. The elements of different causes of action relevant to receipt-based liability and accessorial liability are examined, notably the action for unconscionable receipt and the action of dishonest assistance. The controversial question of whether liability should be strict or fault-based is considered and, if the latter, the nature of the fault requirement.

Chapter

Cover The Principles of Equity & Trusts

20. Personal Liability of Third Parties  

This chapter examines the personal liability of third parties when there is a breach of trust or breach of fiduciary duty. It explains that there are two types of personal liability of third parties. One is receipt-based liability when a third party has received property in which the beneficiary or principal has an equitable proprietary interest and the other is accessorial liability when the third party has encouraged or assisted a breach of a trust or fiduciary duty. The elements of different causes of action relevant to receipt-based liability and accessorial liability are examined, notably the action for unconscionable receipt and the action of dishonest assistance. The controversial question of whether liability should be strict or fault-based is considered and, if the latter, the nature of the fault requirement.

Chapter

Cover Smith, Hogan, and Ormerod's Criminal Law

5. Crimes of strict liability  

David Ormerod and Karl Laird

Offences of strict liability are those crimes that do not require mens rea or even negligence as to one or more elements in the actus reus. Where an offence is interpreted to be one of strict liability, the accused will be criminally liable even if he could not have avoided the prescribed harm despite attempting to do so. Where someone is accused of strict liability, it is not necessary for the prosecution to tender evidence of mens rea as to the matter of strict liability. This chapter discusses strict liability and its distinction from ‘absolute’ liability, crimes of strict liability in common law and statutes, strict liability and the presumption of innocence, the presumption of mens rea, the severity of punishment for strict liability, arguments for and against strict liability, the imposition of liability for negligence and statutory due diligence defences.

Chapter

Cover Complete Criminal Law

3. Mens rea: blameworthy states of mind  

This chapter focuses on mens rea (MR) and discusses some of the components of MR, which include intention, recklessness, negligence, and gross negligence. It explains that intention can be direct or oblique and that recklessness may be defined as the conscious taking of an unjustified risk. It also explains how to distinguish between negligence and gross negligence. The chapter examines the concept of strict liability in the context of criminal law and discusses the implications of strict liability for actus reus and MR, evaluating arguments for and against strict liability, and considering the treatment of strict liability under the European Convention.