Exempting Circumstances

Question 1

Exempting Circumstances

Answer 1

1. Imbecility/Insanity
2. Minority
3. Accident
4. Compulsion of Irresistible Force
5. Impulse of Uncontrollable Fear
6. Insuperable or Lawful Cause

Question 2

Insanity

Answer 2

Evinced bt a deranged and perverted condition of the mental faculties which is manifested in language and conduct.

Question 3

Imbecility

Answer 3

Mental capacity is less than 7 years old

Question 4

Accident

Answer 4

1. Accused was performing a lawful act with due care
2. The injury is caused by mere accident
3. There was no fault or intent of causing the injury

Question 5

Negligence

Answer 5

Omission to do something which a reasonable man guided by those considerations which ordinarily regulate the conduct of human affairs, would fo, or the doing of something which a prudent and reasonable would not do.

Question 6

Irresistible Force

Answer 6

1. The force must be physical and must come from an outside source, and the accused must not only act without a will but even against his will.
2. The actor must be reduced to a mere instrument, such that the element of freedom is wanting
3. The duress, force, fear, or intimidation must be present, IMMINENT and IMPENDING of such a nature as to induce a well-grounded fear of death/injury if an act is not done.

Question 7

Uncontrollable Fear

Answer 7

1. Threat which caused the fear of an evil greater than or at least equal to that which the accused was required to commit.
2. Promised an evil of such gravity and imminence that the ordinary man would’ve succumbed to it.

Question 8

Insuperable Cause

Answer 8

Imposes a duty on the offender to perform but his failure to do so is due to a lawful or insuperable cause.