Search results
Results From The WOW.Com Content Network
In Judge Hand's formulation, liability depends upon whether B is less than L multiplied by P (viz., whether B < P*L). U.S. Court of Appeals, 2nd Circuit. 159 F.2d 169. Vaughan v. Menlove, 132 Eng. Rep.490 (C.P. 1837): An important case in the definition of a reasonable person standard in which a man negligently stacks hay that catches fire.
The extent of liability in such cases is defined by the Title on Compensatory Relief. [ 1 ] [ 2 ] The plain meaning of section 1714 was quite clear, but the court concluded that the California State Legislature had not meant to stop the evolution of the common law, which is quite normal in state tort law, but rather only to clarify the law that ...
M.C. Mehta v. Union of India originated in the aftermath of oleum gas leak from Shriram Food and Fertilisers Ltd. complex at Delhi. This gas leak occurred soon after the infamous Bhopal gas leak and created a lot of panic in Delhi.
Justice Roger Traynor concurred in the judgment but argued that instead of deciding the case on grounds of negligence, a rule of strict liability should be imposed on manufacturers whose products cause injury to consumers. Basing his reasoning heavily on earlier cases (especially MacPherson v.
In criminal law, strict liability is liability for which mens rea (Law Latin for "guilty mind") does not have to be proven in relation to one or more elements comprising the actus reus ("guilty act") although intention, recklessness or knowledge may be required in relation to other elements of the offense (Preterintentionally [1] [2] /ultraintentional [3] /versari in re illicita).
In tort law, strict liability is the imposition of liability on a party without a finding of fault (such as negligence or tortious intent). The claimant need only prove that the tort occurred and that the defendant was responsible. The law imputes strict liability to situations it considers to be inherently dangerous. [8]
The court rejected a number of arguments made by Indiana Harbor Belt Railroad as to why strict liability should be applied in this case. Indiana Harbor Belt Railroad argued that the potentially calamitous nature of a chemical spill meant that strict liability should be imposed on shippers shipping hazardous chemicals.
Pound took no part in the consideration or decision of the case. Buick Motor Co. , 217 N.Y. 382, 111 N.E. 1050 (1916) is a famous New York Court of Appeals opinion by Judge Benjamin N. Cardozo that removed the requirement of privity of contract for duty in negligence actions.