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Posts Tagged ‘quote of the day’

“My Lords, it would I think be conducive to clarity of analysis of the ingredients of a crime that is created by statute, as are the great majority of criminal offences today, if we were to avoid bad Latin and instead to think and speak … about the conduct of the accused and his state of mind at the time of that conduct, instead of speaking of the actus reus and mens rea.” ~ Lord Diplock in R v Miller, [1983] 1 All ER 978 (House of Lords, England)

So what is actus reus? Lord Diplock explains, earlier in this same judgment:

“This expression is derived from … ‘Actus non facit reum, nisi mens sit rea,’ by converting incorrectly into an adjective the word reus which was there used correctly in the accusative case as a noun.”

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“Seeing that it is compulsory to fit seat belts, Parliament must have thought it sensible to wear them. But it did not make it compulsory for anyone to wear a seat belt. Everyone is free to wear it, or not, as he pleases. Free in this sense, that if he does not wear it, he is free from any penalty by the magistrates. Free in the sense that everyone is free to run his head against a brick wall, if he pleases. He can do it if he likes without being punished by the law. But it is not a sensible thing to do. If he does it, it is his own fault; and he has only himself to thank for the consequences” ~ Lord Denning in Froom v Butcher, [1975] 3 All E.R. 520 (C.A.) at pp.525-7

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“What promises does the law enforce? The law enforces promises that people expect to be enforced. Why do people expect a particular kind of promise to be enforced? Because those are the ones the courts have always enforced.” ~ Angela Swan, Nicholas C Bala & Barry J Reiter, Contracts: Cases, Notes & Materials 8th ed (LexisNexis, 2010) at 257.

At least the authors of the text preface this with: “There is a kind of circular argument.” Contract Law is FUNNY FUNNY STUFF! (No, really …)

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“Tort law, like love, is valuable not only intrinsically, but also for its other contributions to a better world.” ~Justice Linden in Canadian Tort Law 2006.

For those still wondering what the hell tort law is, I have just got it figured out. Tort law deals with civil wrongs between people, unlike Criminal Law which is concerned with criminal wrongs and pits the defendant against the crown). Tort law also stands apart from Contract Law which is law fixed by the parties who enter into the agreement (the contract). Tort law is fixed instead by “the Law” and the law provides a remedy. So, tort cases involve a compensation (usually monetary) for some wrong committed by one person to another (whether intentional or negligent). Tort law includes personal injury, defamation, battery …

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