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Studies In Strict Liability


Studies In Strict Liability
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Studies In Strict Liability


Studies In Strict Liability
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Author : Law Reform Commission of Canada
language : en
Publisher:
Release Date : 1974

Studies In Strict Liability written by Law Reform Commission of Canada and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1974 with Criminal intent categories.




Studies On Strict Liability


Studies On Strict Liability
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Author : Canada. Land Reform Commission
language : en
Publisher:
Release Date : 1974

Studies On Strict Liability written by Canada. Land Reform Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1974 with categories.




Studies In Strict Liability


Studies In Strict Liability
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Author :
language : en
Publisher:
Release Date : 1974

Studies In Strict Liability written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1974 with Criminal liability categories.




Studies On Strict Liability


Studies On Strict Liability
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Author : Commission de réforme du droit du Canada
language : en
Publisher:
Release Date : 1974

Studies On Strict Liability written by Commission de réforme du droit du Canada and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1974 with categories.




Studies On Strict Liability


Studies On Strict Liability
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Author : Law Reform Commission of Canada
language : en
Publisher:
Release Date : 1974

Studies On Strict Liability written by Law Reform Commission of Canada and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1974 with Actions and defenses categories.




The Evolution From Strict Liability To Fault In The Law Of Torts


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.



Justifying Strict Liability


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.



Etudes Sur La Responsabilit Stricte


Etudes Sur La Responsabilit Stricte
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Author : Commission de Réforme du Droit du Canada
language : en
Publisher:
Release Date : 1974

Etudes Sur La Responsabilit Stricte written by Commission de Réforme du Droit du Canada and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1974 with categories.




The Evolution From Strict Liability To Fault In The Law Of Torts


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"--



Comparative Tort Law


Comparative Tort Law
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Author : Mauro Bussani
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-02-26

Comparative Tort Law written by Mauro Bussani and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-26 with Law categories.


This revised second edition of Comparative Tort Law: Global Perspectives offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it covers not only the common tort law issues but also many jurisdictions often overlooked in the mainstream literature. Contributions explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia.