Cundy V Le Cocq
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''Cundy v Le Cocq'' is an 1884 case in
English law English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, be ...
concerned with an offence of the
Licensing Act 1872 The Licensing Act 1872 (35 & 36 Vict c 94) is an Act of the Parliament of the United Kingdom. It is one of the Licensing Acts 1828 to 1886 and was one of the Licensing (Ireland) Acts 1833 to 1886. It enacted various regulations and offences r ...
, deemed a key one which comes with
strict liability In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant. ...
. The defendant was convicted of unlawfully selling alcohol to an intoxicated person under the Licensing Act. On appeal, the defendant contended that he had been unaware of the customer's drunkenness and thus should be acquitted. The court held that knowledge was irrelevant - the question was whether a reasonable dispenser of the last drink sold would have realised the customer was clearly intoxicated.


References

English criminal case law 1884 in case law 1884 in British law {{law-stub