Strict liability is now regarded as the exception rather than the rule: there is often said to exist a 'presumption of mens rea '; however, this presumption is of relatively recent origin. The doctrine of mens rea evolved only gradually during the development of the common law, and the ...
求翻译:Vicarious liability is a form of strict, secondary liability that arises under the common law doctrine of agency – respondeat superior – the responsibility of the superior for the acts of their subordinate, or, in a broader sense, the responsibility of any third party that had the "r...
vicarious liabilityemployer liabilityrespondeat superioragencyIn 1995, I published the attached article in the Cornell Law Review, arguing that a proper application of agency law would impose strict vicarious liability onSocial Science Electronic Publishing...
aVicarious liability is that When one person is liable for the negligent actions of another person, even though the first person was not directly responsible for the injury. For instance, a parent sometimes can be vicariously liable for the harmful acts of a child and an employer sometimes can...
There are many justifications of strict liability. The main arguments focus on: the cause harm (i.e. dangerous activity in general; ability to avoid the actual harm); the availability of compensation (i.e. vicarious liability, deep pocket arguments); the interests involved (benefit/profit, ...
Assigns 'potential vicarious liability for directors and officers of corporations and employers of employees acting within the scope of their employment.' Can result in penalties of as much as $10 million for corporations found in violation of CASL. CAN-SPAM has been around in the US since ...
Strict liability is the phrase used to refer to criminal offences that do not require mens rea in respect of one or more elements of the actus reus . They are nearly all offences created by statute. Although strict liability is sometimes said to be exceptional, in fact it has been ...
vicarious criminal liability (SVCL) for corporations and corporate executives in America as of January 2014, focusing on criminalization, federal courts in the U.S., and several law reform proposals which are designed to mitigate the allegedly adverse effects of SVCL for corporations and executives....
There are many justifications of strict liability. The main arguments focus on: the cause harm (i.e. dangerous activity in general; ability to avoid the actual harm); the availability of compensation (i.e. vicarious liability, deep pocket arguments); the interests inv...
In this Article, I argue that the control tightrope and the general indeterminacy of licensor liability law is neither necessary nor desirable. Once the courts acknowledge that the relevant task is to design a set of flexible vicarious liability rules, constructing a coherent theory of licensor ...