Strict Liability
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Justifying Strict Liability
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Author : Marco Cappelletti
language : en
Publisher: Oxford University Press
Release Date : 2022-06-23
Justifying Strict Liability written by Marco Cappelletti and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-23 with categories.
The imposition of strict liability in tort law is controversial, and its theoretical foundations are the object of vigorous debate. Why do or should we impose strict liability on employers for the torts committed by their employees, or on a person for the harm caused by their children, animals, activities, or things? In responding to this type of questions, legal actors rely on a wide variety of justifications. Justifying Strict Liability explores, in a comparative perspective, the most significant arguments that are put forward to justify the imposition of strict liability in four legal systems, two common law, England and the United States, and two civil law, France and Italy. These justifications include: risk, accident avoidance, the 'deep pockets' argument, loss-spreading, victim protection, reduction in administrative costs, and individual responsibility. By looking at how these arguments are used across the four legal systems, this book considers a variety of patterns which characterise the reasoning on strict liability. The book also assesses the justificatory weight of the arguments, showing that these can assume varying significance in the four jurisdictions and that such variations reflect different views as to the values and goals which inspire strict liability and tort law more generally. Overall, the book seeks to improve our understanding of strict liability, to shed light on the justifications for its imposition, and to enhance our understanding of the different tort cultures featuring in the four legal systems studied.
Strict Liability In Criminal Law
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Author : Faizan Mustafa
language : en
Publisher:
Release Date : 1992
Strict Liability In Criminal Law written by Faizan Mustafa and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Criminal liability categories.
The Evolution From Strict Liability To Fault In The Law Of Torts
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Author : Anthony Gray
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-02-25
The Evolution From Strict Liability To Fault In The Law Of Torts written by Anthony Gray and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-25 with Law categories.
Gradually, the law of tort has shifted away from a strict-liability approach to one where fault predominates. This book charts important case law documenting this shift. It seeks to understand how and why it occurred. Given that the Rylands v Fletcher decision is typically seen as a prime exemplar of strict liability, it focusses particularly on that case, as part of the historical development of tort law. It considers the intellectual arguments made in favour of strict liability, and for fault-based liability. Having done so, it then focusses on particular areas of the law of tort, including nuisance, defamation and trespass. It is somewhat anomalous that though most would view these as examples of torts of strict liability, fault considerations have become prominent in their application. This presents an uneasy compromise, where torts that are notionally strict in nature are infused with fault considerations, often through exceptions or defences. This book advocates for further development in the law of tort to better reflect a primarily fault-based approach to liability, at least in the common law. This would make the law of tort more coherent.
A Theory Of Strict Liability
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Author : Richard Allen Epstein
language : en
Publisher:
Release Date : 1980
A Theory Of Strict Liability written by Richard Allen Epstein and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980 with Law categories.
Errata slip inserted. Bibliography: p. 137-140.
Reconceptualising Strict Liability For The Tort Of Another
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Author : Christine Beuermann
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-11-28
Reconceptualising Strict Liability For The Tort Of Another written by Christine Beuermann and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-28 with Law categories.
This book adopts a novel approach to resolving the present difficulties experienced by the courts in imposing strict liability for the tort of another. It looks beyond the traditional classifications of 'vicarious liability' and 'liability for breach of a non-delegable duty of care' and, for the first time, seeks to explain all instances of strict liability for the tort of another in terms of the various relationships in which the courts impose such liability. The book shows that, despite appearances, there is a unifying feature to the various relationships in which the courts currently impose strict liability for the tort of another. That feature is authority. Whenever the courts impose strict liability for the tort of another, the defendant is either vested with authority over the person who committed a tort against the claimant or has vested or conferred a form of authority upon that person in respect of the claimant. This book uses this feature of authority to construct a new expositive framework within which strict liability for the tort of another can be understood.
A Theory Of Strict Liability
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Author : Richard A. Epstein
language : en
Publisher:
Release Date : 1980
A Theory Of Strict Liability written by Richard A. Epstein and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980 with categories.
The Evolution From Strict Liability To Fault In The Law Of Torts
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Author : Anthony Gray (Law teacher)
language : en
Publisher: Hart Publishing
Release Date : 2020
The Evolution From Strict Liability To Fault In The Law Of Torts written by Anthony Gray (Law teacher) and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Electronic books categories.
"Gradually, the law of tort has shifted away from a strict-liability approach to one where fault predominates. This book charts important case law documenting this shift. It seeks to understand how and why it occurred. Given that the Rylands v Fletcher decision is typically seen as a prime exemplar of strict liability, it focusses particularly on that case, as part of the historical development of tort law. It considers the intellectual arguments made in favour of strict liability, and for fault-based liability. Having done so, it then focusses on particular areas of the law of tort, including nuisance, defamation and trespass. It is somewhat anomalous that though most would view these as examples of torts of strict liability, fault considerations have become prominent in their application. This presents an uneasy compromise, where torts that are notionally strict in nature are infused with fault considerations, often through exceptions or defences. This book advocates for further development in the law of tort to better reflect a primarily fault-based approach to liability, at least in the common law. This would make the law of tort more coherent"--
Strict Liability
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Author : Frank J. Vandall
language : en
Publisher: Praeger
Release Date : 1989-10-06
Strict Liability written by Frank J. Vandall and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989-10-06 with Law categories.
This volume presents a cogent analysis of the legal and economic consequences arising from expansion in the doctrine of strict liability and the corresponding decrease in the importance of proving fault. Vandall's goal is to illuminate the role of strict liability in the largely unheralded and informal development of the American compensation system. To this end, he examines and explains the widening of strict liability during the last 121 years, with particular emphasis on the past 29 years. Vandall begins with a historical overview of strict liability, arguing that the policies which have supported the growth of strict liability within products liability also support its application in other areas. By comparing and contrasting the U.S. and British compensation systems, he shows that the U.S. has been drawn towards the adoption of strict liability because it lacks socialized medicine. Subsequent chapters set forth various tests for strict liability and critique the negligence-efficiency theory. Turning to a discussion of contemporary practice, Vandall sets out the present scope of strict liability and asserts that a case can be made for the extension of strict liability far beyond the area of products liability. Finally, Vandall evaluates the reforms aimed at strict liability over the last ten years and concludes that the suggested return to negligence is unwarranted and not supported by facts.
Strict And Vicarious Liability
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Author : Leonard Herschel Leigh
language : en
Publisher: Taylor & Francis
Release Date : 1982
Strict And Vicarious Liability written by Leonard Herschel Leigh and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982 with Criminal liability categories.
Appraising Strict Liability
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Author : A. P. Simester
language : en
Publisher: Oxford Monographs on Criminal
Release Date : 2005
Appraising Strict Liability written by A. P. Simester and has been published by Oxford Monographs on Criminal this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
Strict liability is a controversial phenomenon in the criminal law because of its potential to convict blameless persons. Offences are said to impose strict liability when, in relation to one or more elements of the actus reus, there is no need for the prosecution to prove a corresponding mensrea or fault element. For example, in the 1986 case of Storkwain, the defendant chemists were convicted of selling controlled medicines without prescription simply upon proof that they had in fact done so. It was irrelevant that they neither knew nor had reason to suspect that the 'prescriptions'they fulfilled were forgeries. Thus strict liability offences have the potential to generate criminal convictions of persons who are morally innocent.Appraising Strict Liability is a collection of original contributions offering the first full-length consideration of the problem of strict liability in the criminal law. The chapters, including European and Anglo-American perspectives, provide a sustained and wide-ranging examination of thefundamental issues. They explore the definition of strict liability; the relationship between strict liability and blame, and its implications for the requirement for culpability in criminal law; the relevance of European and human rights jurisprudence; and the interaction between substantive rulesof strict liability and evidential presumptions.The breadth and depth of the contributions combine to present readers with a sophisticated analysis of the place and legitimacy of strict liability in the criminal law.