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Jurisprudence

by John W. Salmond

146 of 241 · Contents · Download EPUB

Summary

LiabilityCivilRemedial.
CriminalPenal.
Remedial liability:
Specific enforcement the general rule.
Exceptions:
1. Non-actionable wrongs.
2. Transitory wrongs.
3. Continuing wrongs in which sanctional enforcement is more expedient than specific.
Penal liabilityIts conditions.
Its incidence.
Its measure.
Conditions of penal liabilityMaterial—Actus.
Formal—Mens rea.
The nature of an act:
1. Positive and negative acts.
2. Internal and external acts.
3. Intentional and unintentional acts.
The circumstances and consequences of acts.
The relation between injuria and damnum.
1. All wrongs are mischievous acts.
WrongsIn which proof of damage is required.
In which such proof is not required.
2. All mischievous acts are not wrongs.
Damnum sine injuria.
(a) Loss of individual a gain to society at large.
(b) Legal remedy inexpedient.
The place and time of an act.
The formal condition of penal liability.
Mens reaIntention.
Negligence.
Wrongs1. Of Intention.
2. Of Negligence.
3. Of Absolute Liability (exceptions to the requirement of mens rea).

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