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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]
If a neighbor's excavation or excessive extraction of underground liquid deposits (crude oil or aquifers) causes subsidence, such as by causing the landowner's land to cave in, the neighbor will be subject to strict liability in a tort action. The neighbor will also be strictly liable for damage to buildings on the landowner's property if the ...
Under joint and several liability or (in the U.S.) all sums, a plaintiff (claimant) is entitled to claim an obligation incurred by any of the promisors from all of them jointly and also from each of them individually. Thus the plaintiff has more than one cause of action: if she pursues one promisor and he fails to pay the sum due, her action is ...
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 ...
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]
Conversion is an intentional tort consisting of "taking with the intent of exercising over the chattel an ownership inconsistent with the real owner's right of possession". [1] In England and Wales, it is a tort of strict liability. [2] Its equivalents in criminal law include larceny or theft and criminal conversion. In those jurisdictions that ...
The Land Court of the State of Hawaiʻi (originally, the Court of Land Registration in the former U.S. Territory of Hawaii) has exclusive jurisdiction in the Hawaiʻi State Judiciary over cases involving registered land titles. [1] The Land Court system of land registration was created by statute in 1903 as a Torrens system of land titles. [2]