Strict liability

Question 1

Strict liability

Answer 1

Don’t require MR

Question 2

Case demonstrating strict liability

Answer 2

Pharmaceutical Society of Great Britain v Storkwain 1986

Question 3

Pharmaceutical Society of Great Britain v Storkwain 1986

Answer 3

Strict liability

Question 4

Shah and Shah 1999

Answer 4

Can still be convicted without fault

Question 5

Can still be convicted without fault

Answer 5

Shah and Shah 1999

Question 6

There is no defence of mistake

Answer 6

Cundy v Le Cocq 1884

Question 7

Cundy v Le Cocq 1884

Answer 7

There is no defence of mistake

Question 8

Justifications for strict liability

Answer 8

• People are more careful
• People are more aware of businesses that could harm them
• Saves time in courts so there is more time for serious cases
• Fault can still be considered in sentencing, and the court will impose a punishment that reflects the level of fault

Question 9

Strict liability being unjust

Answer 9

• creates attitude of aggression and moral inequality between business and the law
• prosecutes people
  who are actively trying not to cause harm
• Mistakes cannot be deterred and arguably shouldn’t be punished