Summary
Wrongs of absolute liability—Mens rea not required.
Exceptional nature of such wrongs.
Penal redress justified not as redress but as punishment.
Mistake of law.
Commonly no defence.
Reasons for the rule.
Criticism of it.
Mistake of fact.
A defence in criminal but commonly not in civil cases.
Accident.
Distinction between accident and mistake.
| Accident and mistake | Culpable. | |
| Inevitable. |
Inevitable accident commonly a defence.
Exceptions.
The Incidence of Penal Liability.
Vicarious liability.
1. Employer’s liability.
Its rational basis.
2. Liability of representatives of dead men.
Its rational basis.
The Measure of Penal Liability.
1. Criminal liability.
Reasons against indiscriminate severity.
The end to be attained.
The considerations to be taken account of.
(a) The motive of the offence.
(b) The magnitude of the offence.
(c) The character of the offender.
2. Civil liability.
Merits and demerits of the use of compulsory compensation
as an instrument of punishment.