Ads
related to: strict liability tortbiberk.com has been visited by 10K+ users in the past month
Search results
Results From The WOW.Com Content Network
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]
Some statutory torts are also strict liability, including many environmental torts. The term "strict liability" refers to the fact that the tortfeasor's liability is not premised on their culpable state of mind (whether they knew or intended to accomplish the wrongful act, or violated a standard of care by doing so,) but, instead, strictly on ...
Swan (1822), and then consults the Restatement (Second) of Torts. Section 520 of the Restatement sets out six factors for determining when strict liability is appropriate: "Guille is a paradigmatic case for strict liability. (a) The risk (probability) of harm was great, and (b) the harm that would ensue if the risk materialized could be ...
Negligence per se involves the concept of strict liability. Within the law of negligence there has been a move away from strict liability (as typified by Re Polemis) to a standard of reasonable care (as seen in Donoghue v Stevenson, The Wagon Mound (No. 1), and Hughes v Lord Advocate). This is true not just for breach of the common law, but ...
Union of India, in Indian tort law is a unique outgrowth of the doctrine of strict liability for ultrahazardous activities. Under this principle of absolute liability, an enterprise is absolutely liable without exceptions to compensate everyone affected by any accident resulting from the operation of hazardous activity. [1]
Both tort law and criminal law may impose liability where there is intentional action, reckless behaviour, carelessness, product liability without negligence (in the US and the EU), innocence, provided there is strict liability, battery, assault, and/or trespass.
Yuba Power Products, Inc, was a California torts case in which the Supreme Court of California dealt with the torts regarding product liability and warranty breaches. The primary legal issue of the case was to determine whether a manufacturer is strictly liable in tort when an article he places on the market proves to have a defect that causes ...
Traynor also felt that the majority's reasoning approached a rule of strict liability even though the decision was ostensibly based on the doctrine of res ipsa loquitur: In leaving it to the jury to decide whether the inference has been dispelled, regardless of the evidence against it, the negligence rule approaches the rule of strict liability.