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LCR4805 ASSIGNMENT 2 [COMPLETE ANSWERS] SEMESTER 2 2024
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LCR4805 ASSIGNMENT 2[COMPLETE ANSWERS] SEMESTER
2 2024
What is the significance of mens rea in determining criminal liability, and how does it differ
between different crimes?
Answer: Mens rea, or the "guilty mind," is a crucial element in criminal law that refers to the
mental state of the defendant at the time of the crime. It determines whether the defendant had
the necessary intent or knowledge to commit the offense. The significance of mens rea lies in its
role in distinguishing between different levels of culpability. For example:
● Intention: For crimes like murder, the prosecution must prove that the defendant
intended to kill or cause serious harm.
● Recklessness: For manslaughter, it might be enough to show that the defendant was
reckless as to the risk of causing death or injury.
● Negligence: In cases like involuntary manslaughter, negligence might suffice, where the
defendant failed to exercise reasonable care, leading to harm.
Question 2: The Doctrine of Precedent in Private Law
Explain the doctrine of precedent and its importance in the development of private law. Provide
an example of a landmark case that shaped contract law.
Answer: The doctrine of precedent, also known as stare decisis, is a fundamental principle in
common law systems where courts are bound to follow the legal principles established in
previous cases. It ensures consistency, predictability, and fairness in the law. The importance of
precedent in private law is seen in its role in developing legal principles over time.
For example, the case of Carlill v Carbolic Smoke Ball Co. [1893] is a landmark decision in
contract law. The court held that an advertisement could be considered a unilateral offer, which
is accepted by performing the conditions stated in the offer. This case established important
principles related to offer, acceptance, and the intention to create legal relations.
Question 3: Defenses to Breach of Contract
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