Vicariouis Liability and Article 21 I take this opportunity to express my gratitude and personal regards to Mrs. Stelina jolly for inspiring and guiding me during the course of this project work. I also owe my sincere thanks to the library staff, National Law University for the cooperation and facility extended from time to time during the progress of my project work. And last but not the least I must give my humblest gratitude to my parents and my friends for their support and encouragement
is loose vs strict interpretation. Strict construction means interpreting the Constitution based on a literal and narrow definition of the language without reference to the differences in conditions when the Constitution was written and modern conditions, inventions and societal changes.One difference is that the strict constitution states that the government of the United States holds only those powers specifically granted to it by the constitution. Thomas Jefferson believed in a strict construction
explanation of mens rea - guilty mind, types of mens rea (intention, recklessness) The requirement that actus reus & mens rea must coincide A brief explanation of exceptions to actus reus & mens rea coinciding - crimes of strict liability Essay Most crimes (except strict liability) require the prosecution to prove both the actus reus (the guilty act) and the mens rea (the guilty mind) of the crime. What they are required to prove will be set out in the definition of the offence. There
Any injury to an individual which is caused by another is called a tort. We have learned so far that these torts fall under three specific types, intentional, negligence and strict liability. I am sure that if I was to sit and reflect on the past that I would be able to recall being a victim, more than once, to some form of a tort and this is probably true for most people. Most restaurants have worked so hard to get rid of any potential tort issues because of previous incidents(not necessarily
The English Law on Vicarious Liability An employer is responsible for damage caused by the torts of his employees acting in the course of employment. This is known as ‘vicarious liability’[1]. Essentially, vicarious liability is where the employer is generally substituted in terms of liability for the employee, the employee also has liability but the resources of the employer such as insurance makes them more financially attractive to the claimant. The mechanism of vicarious liability
Identifying Social Problems The definition of a social problem varies greatly depending on whether an objectivist approach or a constructionist approach is taken. This is because sociologists that adopt these unique perspectives will differ in how they view the nature of a social problem. The objectivist definition of a social problem is perhaps more common sense because it "suggests that the essence of social problems lies in objective social conditions and that some conditions are problems
and technology and education have advanced immensely. With the change, the Constitution had to be modified and loosely interpreted, to better not only it, but the life of American citizens. Therefore, I believe that loose construction is better than strict construction, because it allowed early society to expand the power of the executive branch, which later improved society itself. Throughout his presidency, Abraham Lincoln, was criticized for actions that were deemed “unconstitutional.” Although,
During the presidencies of Jefferson and Madison, Republicans, such as Jefferson were seen as strict constructionists of the Constitution while Federalists, like Madison, were generally looser with their interpretations of the Constitution's literal meaning. While the constructionist ideas were part of what separated the two parties from one another, Jefferson and Madison are both guilty of not adhering to these ideas on many occasions. Jefferson writes in a letter to Gideon Granger expressing
nations." (Document A). The Federalists of the United States were known as the loose constructionists, where if there is something which the constitution does not state, then it should be allowed to be done. The Jeffersonian Republicans were known as strict constructionists for their views towards the constitution that if there is anything that is not in the constitution, then it cannot be done. The Jeffersonian Republican party centered many of their political moves on the basis of creating a strong
Legal Issues: The Plaintiff, Daniel Boone has sued the defendant; Zoom Car Company for his medical expenses resulting from being dragged from his car and being beaten, when he drove to a high crime area because of a faulty compass. The plaintiff claimed that the reason for this attached was that the compass that was installed in the car he bought from Zoom was faulty and led him in the wrong direction where he got lost and ended up in awful situation that led to the beating. According to the case