BUSINESS LAW
17th Edition
ISBN: 9780357007594
Author: Mann
Publisher: Cengage Learning
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Question
Chapter 6, Problem 1CO
Summary Introduction
To discuss: Criminal intent and the various degree mental fault.
Expert Solution & Answer
Explanation of Solution
The criminal intent is an element that has to be present in order to define the criminal act. The criminal intent or the mental intent is also referred to as the mens rea that describes the mental elements for a crime, the elements can be of objective or either subjective. The subjective fault mainly consists of the most common law and certain statutory crimes.
For the occurrence of the objective fault, there must be a substantial deviation on the standard of care by a person that would be expected by the reasonable person for the purpose of observation under the given scenario. In criminal statuses, the objectives can be defined as carelessness or negligence.
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