Home › CS Executive › jurisprudence › Law of Torts › Which Latin maxim, traceable to the law of torts…
Which Latin maxim, traceable to the law of torts, is the general principle on the role of *mens rea* in tortious liability?
Answer & Solution
Correct answer: A.
1. The general principle on *mens rea* in tort lies in the maxim ***'actus non facit reum nisi mens sit rea'*** — '**the act itself creates no guilt in the absence of a guilty mind**'.
2. The ICSI text clarifies: 'It does not mean that for the law or Torts, the act must be done with an evil motive, but simply means that **mind must concur in the Act, the act must be done either with wrongful intention or negligence**.'
3. **Strict liability and absolute liability are exceptions** to this principle — they impose liability without a guilty mind.
4. The other maxims (B, C, D) belong to different doctrines and are not the general principle on *mens rea* in tort.
_Source: ICSI CS Executive — Lesson 6, 'Mens Rea', p. 138._
Related questions
Which of the following correctly distinguishes 'strict liability' from 'absolute liabilityUnder Indian law, the position on the State's liability in tort prior to the Constitution An employer is generally NOT liable for the torts of an independent contractor. However, IThe tort of 'false imprisonment' consists in:In *Jay Laxmi Salt Works (P) Ltd. v. State of Gujarat, 1994 SCC (4) 1, JT 1994 (3) 492*, tStrict liability under the rule in *Rylands v. Fletcher* requires the defendant to have maThe Crown Proceedings Act, 1947 of England substantially altered the position on the CrownIn *N. Nagendra Rao v. State of A.P., AIR 1994 SC 2663*, the Supreme Court significantly r