8 ms·
Thanks for the clarifications. What's the difference between strict liability and absolute liability [0], then? [0] https://en.wikipedia.org/wiki/Absolute_lia
by omginternets 10y ago
Thanks for the clarifications. What's the difference between strict liability and absolute liability [0], then?
[0] https://en.wikipedia.org/wiki/Absolute_liability https://en.wikipedia.org/wiki/Absolute_liability
- dragonwriter 10y ago> What's the difference between strict liability and absolute liability Not a lot, AFAICT; the main differences seem to be: (1) "strict liability" is the term used in US (and, AFAIK, UK) law (though the latter seems to refer to a criminal offense to which strict liability applies as an "absolute offense"), both criminal and tort, and (2) "strict liability" can be either an attribute of an offense as a whole or an attribute of an element of (the actus reus of) an offense (that is, there can be a required mens rea for some element of an offense, but if there is an element which does not require any mens rea, the element can be said to have strict liability.) From what I've seen, "absolute liability" is universally a trait of offenses-as-a-whole (though that may be because I've seen less about it, and am less familiar with the systems in which the term applies.)