| 释义 |
strict liability
1. (in criminal law) Liability for a crime that is imposed without the necessity of proving mens rea with respect to one or more of the elements of the crime. There are few crimes of strict liability at common law but such crimes are often created by statute, particularly to control or regulate daily activities; examples include offences relating to the production and marketing of food and offences relating to road traffic. The usual penalty for crimes of strict liability is a fine. Most crimes of strict liability do, however, require mens rea in respect of at least some of the elements of the crime. In some cases statute provides for strict liability, but then allows a defence if the accused can prove (see burden of proof) that he had no reason to know of or suspect certain facts, so that, in effect, the crime becomes one of negligence. Insanity or non-insane automatism is a defence to all crimes, including crimes of strict liability. 2. (in tort) Liability for a wrong that is imposed without the claimant having to prove that the defendant was at fault. Strict liability is exceptional in the law of tort, but is imposed for torts involving dangerous animals (see animals) and dangerous things (the Rylands v Fletcher">rule in Rylands v Fletcher), conversion, defamation, product liability, and some cases of breach of statutory duty. It is no defence in these torts that the defendant took reasonable care to prevent damage, but various other defences are admitted. |