tortsstrict liabilitylegal historyfault liabilitycausationEpsteins strict liability model of tort law, first stated in 1973, relied on arguments derived from the history of the common law, starting with the late medieval period and extending into the nineteenth century. Since that seminal article was...
严格责任侵权 strict liability torts 严格责任侵权
strict liability 1 in tort and delict, liability without proof of fault, i.e. that the mere happening of a proscribed event incurs liability but always subject to certain defence. The defence recognized in common law cases are: (i) act of the Queen's enemies; (ii) Act of God, or in...
The elements of strict liability depend on the type of case. Generally speaking, though, the elements are: the defendant had something dangerous, the dangerous thing put you at risk through no fault of your own, and it caused you to get hurt. Strict liability comes up in civil cases ...
The paper then takes up perhaps the most important of modern American nuisance cases—Boomer v. Atlantic Cement. The great achievement of Boomer is to clarify the morality of both unreasonable conduct and unreasonable harm, thereby giving a clear representation of nuisance as a strict liability ...
liability would not attach. In the United States, two states, Massachusetts 10 and Minnesota", almost immediately adopted the doctrine, but shortly thereafter it was vigorously rejected by three other states.12 The doctrine was also condemned by legal writers as an unjustifiable extension of liabilit...
In defective design and warning cases, courts and commentators increasingly are questioning the substantive distinction between negligence and strict liability causes of action. In 1998, the Restatement (Third) of Torts: Products Liability adopted a risk/utility analysis for defective design and warning ...
The" Necessity" Defense And The Failure Of Tort Theory: The Case Against Strict Liability For Damages Caused While Exercising Self-Help In An Emergency In 1910, the Minnesota Supreme Court held the ship owner strictly liable for the damage done to the dock. In the Restatement of Torts, this...
Strict Liability Author information Authors and Affiliations Pisa, Italy Francesco D. Busnelli & Giovanni Comandé Leuven, Belgium Herman Cousy Tucson, USA Dan B. Dobbs Stockholm, Sweden Bill W. Dufwa Maastricht, Netherlands Michael G. Faure
Strict Liability: Liability No Matter the Level of Fault In contrast to intentional torts and negligence, the legal theory of strict liability does not rely on the intent of a defendant or how their actions compare to what a reasonable person might have done. ...