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DOCTRINE GUILTY KNOWLEDGE [1 record]

Record 1 2014-04-25

English

Subject field(s)
  • Tort Law (common law)
  • Law of Obligations (civil law)
CONT

"The law with respect to the doctrine of scienter is relatively clear. The owner of a dog which bites another will not be liable simply for being the owner. Liability will only attach under the doctrine if ... three conditions ... have been satisfied: .... the plaintiff (not the defendant) must establish that the defendant was the owner of the dog, that the dog had manifested a propensity to cause the type of harm occasioned, and that the owner knew of that propensity."

OBS

Ireland (IE) seems not to have introduced the concept of criminal liability of heads of businesses, requiring 'guilty knowledge' in any case.

OBS

Scienter. A degree of knowledge that makes a person legally responsible for the consequences of his or her act or omission; the fact of an act's having been done knowingly, especially as a ground for civil damages or criminal punishment.

French

Domaine(s)
  • Droit des délits (common law)
  • Droit des obligations (droit civil)
OBS

Quant à l'Irlande, elle ne semble pas avoir introduit la notion de responsabilité pénale des chefs d'entreprise, exigeant une «connaissance coupable» dans tous les cas.

Spanish

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