The topic of thls paper lS a comparative study of the posi tlon of two different law systems, Dutch Civil Law and Canadian Common Law, in their treatment of liabllity problems arlsing from negllgent conduct at one hand, or In no-fault situatlons on the other, that lS In their treatment of strict liability issues wlthln the amblt of the crlminal law, wlth some digressions lnto tort law. At the suggestlon of the wrlter's Promotor, Prof. Dr. G. E. Mulder, a brlef overvien of the common law system, its develop ment between 1066 A. D. and 1867 A. D. , and of some of the relevant baslc notions, precedes the discussion of the maln topic. Its purpose lS to asslst the Dutch reader in assessing the merits of the concluslons suggested. The dlscussion of topics of a purely lntroductory nature has been kept succlnct In order to keep the size of this paper wlthin reasonable limlts. Practlcally, thls means that no detailed discusslons of diverglng points of view regarding certain doc trines are being presented. Rather, the writer has limlted him self to statlng generally accepted prlnciples, contrasted against a hlstorical backdrop where thls would clarify the statements made. An attempt was made to arrange this lntroductory material in such a fashion that it will lead up to and prepare for a detailed discussion of strict liability. -5- Jus est norma recti, et quicquid est contra normam recti est in juria. Dig. l, l, l, l; Bract. fol. 2b.
Inhaltsverzeichnis
Prologue. - One Summary Notes on the Criminal Law of Canada. - One Introduction. - Two Canadian Common Law. - Three Dutch Civil Law. - Four Legislative Powers in Canada. - Five The Judiciary. - Six Sources of Canadian Criminal Law. - Seven Basic Notions. - Eight The Qualifying Factors. - Nine The Disqualifying Factors Grounds for Impunity. - Ten Negligence. - Eleven Causality. - Twelve Reasonable Attribution of Liability. - Thirteen Criminal Liability. - Two On Reasonaple Liability. - One Strict Liability. - Two Strict Liability in Dutch Criminal Law. - Three Some Fictions in Common Law. - Four Strict Responsibility and Penal Offences. - Five An Aside with Respect to Evidence. - Six The Res Ipsa Argument. - Seven Justification of Punishment for Negligence. - Eight The Case in Favor and Against Strict Responsibility. - Nine Separating the Strict from the Absolute. - Ten The Halfway House Doctrine. - Eleven Due Diligence Before the Courts. - Twelve In Defence of Due Diligence. - Thirteen The AVAS Defence. - Fourteen The Defence of Due Diligence in Canadian Criminal Law. - - Epilogue. - - Samenvatting. - - Footnotes. - Table of Cases. - Common Law Cases. - Dutch Case Law. - Curriculum Vitae.
