Question

In: Accounting

1.What is strict liability and how does it apply to product's liability? 2.What is mens rea...

1.What is strict liability and how does it apply to product's liability?

2.What is mens rea and why is it important in criminal law?

Solutions

Expert Solution

1. Strict liability -

Strict liability is a liability which is imposed on a person without considering the actual intention of a person. The nature of such liability is mandatory liability. Even if the intention of the person were not malafide, strict liability can be imposed on such person in situations which are considered to be inherently dangerous. The claimant is not required to prove for damage or losses. Strict liability is also called as Absolute liability.

The concept of strict liability generally applies to cases where defective products are sold or distributed. As regarding to product liability, the intention of manufacturer or seller is not considered. In case of defective product, the manufacturer is liable to injured customer, Even if the manufacturer took complete care in removing or preventing defects. The nature of product is such that it is inherently dangerous.

2. Mens Rea-

Mens rea describes about the intent or mental state of a person, whether he was aware about the knowledge of a crime, or that his action or carelessness would cause a crime. It is a very important factor in criminal law.

The criminal law says, that until the mental state or intent is not malafide or guilty, a person cannot be held as accused. It generally means, if the person committed any crime, but his intentions were not guilty, he is considered innocent.

So before imposing any punishment or charge under criminal law, it must be proved that there was guilty or malafide mental state of a person to commit crime.


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