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| | Strict liability - Wikipedia, the free encyclopedia |
 | | Strict liability is important in the law of product liability, corporations law, and criminal law. | | | Strict liability is a legal doctrine that makes a person responsible for the damages caused by their actions regardless of culpability (fault) or mens rea. | | | In English law, where tortious liability is strict, the defendant will often only be liable for the reasonably foreseeable consequences of his or her act or omission (as in nuisance). |
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http://en.wikipedia.org/wiki/Strict_liability
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| | Product liability - Wikipedia, the free encyclopedia |
| | Breach of warranty based product liability claims usually focus on one of three types: (1) breach of an express warranty, (2) breach of an implied warranty of merchantability, and (3) breach of an implied warranty of fitness for a particular purpose. | | | The courts may even state that they are applying strict liability. | | | In the United States, the claims most commonly associated with product liability are negligence, strict liability, breach of warranty, and various consumer protection claims. |
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http://en.wikipedia.org/wiki/Product_liability
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| | Command Responsibility Is Not a Form of Strict Liability (Human Rights Watch, June 25, 2004) |
| | Strict liability exists in civil law, and represents liability for damage even if the damage is caused by no fault of the liable person. | | | In these jurisdictions, there is limited room for strict liability in civil law (as in the example of parents’ liability for damage caused by their child), but there is no room for strict liability in criminal law. | | | For example, parents are liable for the damage caused by their child under seven years of age, even if they can prove that they looked after the child with scrupulous care, or that the damage would have occurred even if they acted with such care. |
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http://www.hrw.org/english/docs/2004/06/25/serbia8982_txt.htm
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| | Products liability - Wex |
| | Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction within which the claim is based. | | | The law of products liability is found mainly in common law (state judge-made law) and in the Uniform Commercial Code. | | | In it, the most important products liability sections are the implied and express warranties of merchantibility in the sales of goods §§ 2-314 (http://www.law.cornell.edu/ucc/2/2-314.html) and www.law.cornell.edu/ucc/2/2-315.html 2-315 (http:/). |
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http://www.law.cornell.edu/topics/products_liability.html
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| | Strict Product Liability in Tort Doctrine |
| | It does relieve plaintiff of having to prove specific acts of negligence and the claim is not subject to the defenses of notice of breach, disclaimer and privity of contract. | | | - Strict liability may be viewed therefore as an implied warranty, imposed by law and grounded on considerations of public policy, that a seller's product will not be unreasonably dangerous when used for its intended purpose. | | | - Liability exists despite the seller's lack of negligence and without regard to whether any contractual relationship (privity of contract) exists between the seller and the injured party. |
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http://www.wctc.edu/busocc/law/strict.html
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| | Six Senses of Strict Liability |
| | strict liability is used is to refer to crimes that require less moral wrongfulness than the criminal law has traditionally required. | | | strict liability has been used in the criminal law literature. | | | Strict liability is said to occur when a statute or jury instruction states that the jury “shall” or “must” infer defendant’s intent from the existence of certain facts. |
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http://faculty.law.lsu.edu/stuartgreen/green.strictliability.htm
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| | Florida Personal Injury Law: Products Liability |
| | One reason that a plaintiff may want to bring a negligence action in lieu of or in addition to a strict liability action is that he or she may have considerable evidence of the defendant's fault. | | | A plaintiff injured by a product may bring a lawsuit under any of three theories of recovery: the tort theories of strict liability and negligence (see the Personal Injury Law: General chapter), and the contract theory of breach of warranty (see the Contract Law chapter). | | | Even if a defendant's actions are entirely reasonable, strict liability requires the defendant to pay damages if he or she caused the plaintiff's injury. |
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http://www.weblocator.com/attorney/fl/law/piprod.html
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| | Circumstantial Evidence of Product Defect in Strict Liability Cases |
| | What distinguishes the res ipsa case from the use of circumstantial evidence in a strict liability case is that for res ipsa to be applied, the instrumentality must be under the physical control of the defendant at the time of the injury, whereas no such requirement exists in the strict liability case. | | | This is the traditional test for a manufacturing defect case, as opposed to a strict liability case in which a failure to warn is the claimed defect. | | | Missouri courts recognized and adopted the doctrine of strict liability in tort as stated in the Restatement (Second) of Torts § 402A in 1969 in Keener v. |
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http://www.mobar.org/journal/1999/sepoct/hack.htm
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| | Strict liability - what is it? |
| | Strict liability is a legal doctrine that makes some persons responsible for damages their actions or products cause, regardless of any "fault" on their part. | | | Disclaimers and waivers of liability for products are often invalidated by courts as against public policy (courts should not condone the manufacture and distribution of defective products) and typically warranties are limited so that manufacturers and retailers are held responsible for personal injuries caused by the use of the product. | | | There is no need to prove negligence but the injured party must prove that the product was defective. |
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http://law.freeadvice.com/general_practice/legal_remedies/strict_liabilty.htm
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| | Strict Products Liability: Application to Gun |
| | 1977) the court used § 390 to impose strict liability upon one who sold a slingshot to a 12-year-old. | | | It is clear however that many courts refrain from applying the Barker test to gun dealers and sellers of similarly dangerous articles for fear of judicial usurpation.[24] Using the Barker test to establish strict liability for gun dealers permits the courts to invade an area generally reserved to the legisla- [Page 892] ture. | | | The court held that liability was proper because the defendant "created an unreasonable risk to others by placing the chattel in the hands of a person whose use thereof is likely to create a recognizable risk to a third person." Id. |
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http://www.saf.org/LawReviews/RichardIII.html
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| | [No title] |
| | The Rhode Island Supreme Court reversed the judgment of the lower court and re manded the case for a trial. | | | Third, although Op timal is correct in stating that Section 402A of the Restatement (Second) of Torts refers only to users and consumers, all courts to which this issue has been presented have ex tended strict liability to bystanders. | | | The state supreme court held that a manufacturer or seller of a component part of a defective final product may be liable to the ultimate user. |
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http://www.business.uab.edu/studentdrive/Frank_Watkins/CH09.doc
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| | After MacPherson: Strict Liability |
| | Later, Chief Justice Traynor persuaded his court on the merits of strict liability in Greenman v. | | | Indeed, it may be that the government's regulatory machinery is inadequate to block the intentional thwarting of occupational safety regulations; and unlike the case of manufacturing defects, Workmen's Compensation rules may preclude resort to tort suits by the injured party. | | | Whitfofrd thinks that most cases which proceeded on a negligence-basis were virtually indistinguishable from the way they would have proceeded under a strict liability basis. |
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http://www.lawrence.edu/fast/BOARDMAW/After_MacPherson.html
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| | COMMENT |
| | The Court stated that "[t]o allow a defense to strict liability on the ground that there is no way, either practical or theoretical, for a defendant to ascertain the existence of impurities... | | | Tort liability is thus likely to replicate the bias against new technology that so typifies prospective risk regulation in the courts. | | | Despite inconsistency, courts agree that in order for strict liability to apply under Section 402A, products must be "in a defective condition unreasonably dangerous to the user or consumer." |
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http://law.berkeley.edu/journals/btlj/articles/vol6/Stovsky/html/text.html
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| | California Supreme Court Imposes Strict Liability on Defective Components Installed in Tract Homes |
| | The trial court, on a motion for summary adjudication, dismissed the strict liability claim. | | | The court then addressed the extent to which a strict liability recovery could be barred by the economic loss rule. | | | However, there was uncertainty whether manufacturers of components installed in tract housing were subject to strict liability because the state's appellate courts had reached opposite conclusions. |
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http://www.constructionweblinks.com/Resources/Industry_Reports__Newsletters/Dec_16_2002/ca_supreme_court.htm
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| | STRICT LIABILITY FOR HANDGUN MANUFACTURERS: |
| | Professor Oliver’s principal argument concerning legislative prerogative is that the issue of strict liability for makers of handguns is a policy matter which is beyond the legitimate power of courts to address.[9] Professor Oliver and I have very different views about how courts function and how they should function. | | | The preceding discussion demonstrates that Professor Oliver is incorrect in asserting that the issue of gun control is "essentially irrelevan[t]" to the question of strict liability for makers of handguns.[34] The level of gun violence and the proper policy responses to it are the legitimate concerns of courts. | | | I believe courts would be acting properly to impose strict liability upon handgun manufacturers. |
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http://www.saf.org/LawReviews/McClurgReplies.htm
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| | Strict Liability In Tort |
| | The liability was created judicially because of the economic and social need for the protection of consumers in an increasingly complex and mechanized society, and because of the limitations in the negligence and warranty remedies. | | | Strict liability is imposed against the manufacturer and in favor of the user or consumer in order to relieve injured consumers "from problems of proof inherent in pursuing negligence... | | | The court rejected both contract and warranty theories, express or implied, as the basis for liability. |
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http://www.west.net/~smith/strict.htm
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| | Products liability |
| | Strict tort liability court will argue that here, we're looking at that the defectiveness of the product. | | | May escape liability even when acted negligently b/c not all injured person may sue successfully. | | | (In any one of these product liability cases, possible for P to bring more than one cause of action; ex: negligence, strict liability, implied warranty, etc.) |
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http://www.geocities.com/Athens/Ithaca/9212/products_liability.htm
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| | Dog Bites |
| | Being jumped on or chased by a dog could be grounds for a civil liability. | | | In deciding whether the plaintiff was on or in a public place or lawfully on or in a private place, including the property of the defendant, you should note that anyone whose presence is expressly or impliedly permitted on the property is entitled to the protection of the statute. | | | A person can even be liable if your dog injures someone although not biting it. |
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http://www.njlaws.com/dog_bites.htm
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| | Tort Liability Basics: Strict, Vicarious, and Joint Liability |
| | Causing or permitting any hazardous substance to be discharged in or on any of the waters of the state where it creates a condition of pollution or nuisance. | | | An independent contractor is a person who performs services for another person under an express or implied agreement and who is not subject to the other's control, or right to control, over the manner and means of performing the services. | | | A duty is nondelegable if a defendant is directed by a statute, ordinance, or safety order to provide certain safeguards or precautions or to maintain certain equipment in a specified condition. |
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http://www.inc.com/articles/1999/11/15396.html
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| | [No title] |
| | Strict liability rules are more generous to plaintiffs, who typically must show only that they were harmed by the defendant's conduct. | | | Others have written law review articles recognizing both that Holmes's favored a version of strict liability (Kelley, 1984), and challenging the subsidy thesis (e.g., Tushnet, 1977). | | | To Holmes, a theory of torts grounded in foresight better accounted for what courts did and should do than did competing theories such as causation (which can hold one accountable regardless of intent or caution) or moral blameworthiness. |
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http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/rosenb.htm
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| | Strict Liability and Products Liability |
| | Under this doctrine, liability is imposed upon the manufacturer or seller of goods for harm caused by a defect in the goods, regardless of whether the defect resulted from negligence on the part of the seller or manufacturer. | | | This doctrine holds that a person injured by the activity of someone else may recover damages without having to prove any intentional act or negligence, if the activity that led to the harm was extra hazardous. | | | The law has evolved so that people harmed by some acts no longer need to demonstrate that there was either an intentional or negligent act. |
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http://www.smartagreements.com/bltopics/Bltopi49.html
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| | Strict liability |
| | Rules are modified by statute imposing liability for any biting done with certain limits. | | | * Here, in the state of Texas, storing water is a usual/natural use of the land, thus, to find a D liable, negligence needs to be proved. | | | * Note many states have dog statutes which specifically convey liability to dog owners regardless of prior knowledge of violent tendencies. |
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http://www.geocities.com/Athens/Ithaca/9212/strict_liability.htm
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| | Table of contents for Appraising strict liability |
| | Strict Liability for Criminal Offences in England and Wales Following Incorporation into English Law of the European Convention on Human Rights 195 G. | | | Imposing Constitutional Limits on Strict Liability: Lessons from the American Experience 219 Alan C. Michaels 10. | | | Bibliographic record and links to related information available from the Library of Congress catalog. |
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http://www.loc.gov/catdir/toc/ecip054/2004027965.html
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| | Strict Liability posting Chapter 9 Torts |
| | Strict Liability - Law 12 - Spring 2002 by Paula, 2002, Apr 25 | | | Chapter 9 by Luz Johnson, 1999, May 20 | | | Zoo case by Sue Thompson, 2002, Nov 23 |
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http://hyper.vcsun.org/HyperNews/djordan/get/chp9s99.html
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| | bp_cheeseman_blaw_5Product and Strict LiabilityTrue or False |
| | The damages recoverable in a strict liability action are federally mandated and are therefore uniform throughout all jurisdictions. | | | Many states have held that the doctrine of comparative negligence applies to strict liability actions. | | | A supervening event is an alteration of a product by a party in the chain of distribution that frees prior sellers from strict liability. |
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http://wps.prenhall.com/bp_cheeseman_blaw_5/0,,586165-,00.utf8.html
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| | Torts Class Notes 12/1/03 |
| | The Supreme Court found that there were a lot of intervening causes that blocked the company’s liability. | | | These are some rationales for imposing vicarious liability on the employer. | | | Does this case look like a strict liability case? |
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http://lawschool.mikeshecket.com/torts/12-1-03.htm
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| | Aspen Publishers - Unification of Tort Law: Strict Liability |
| | The result of their work is this important series of books, which seeks a common law of Europe without the need to lay these principles down in formal legal texts, such as a European civil code. | | | Aspen Publishers - Unification of Tort Law: Strict Liability | | | The concept of strict liability is further examined in an analysis of actual cases. |
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http://www.aspenpublishers.com/Product.asp?catalog_name=Aspen&category_name=&product_id=9041117059
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| | PARKS HIWAY ENTERPRISES, LLC v CEM LEASING, INC - Legal Case Documents |
| | the court holds AS 46.03.822 does not impose strict liability on Petroleum Sales. | | | statute of limitations, statutory strict liability, common law strict liability, tort for | | | IN THE SUPERIOR COURT FOR THE STATE OF ALASKA IN THE SUPERIOR COURT FOR THE STATE OF ALASKA FOURTH JUDICIAL DISTRICT AT BETHEL PARKS HIWAY ENTERPRISES, LLC, Plaintiff, vs. |
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http://www.legalcasedocs.com/120/239/530.html
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| | USATODAY.com |
| | FindLaw: Strict Liability - Attorney, Attorneys, Lawyer, Lawyers, Law, Laws, Litigation, Lawsuit | | | Holding manufacturers liable for injuries their products cause is a good example of strict liability. | | | Q : Is there any other basis for liability besides negligence? |
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http://consumer.usatoday.findlaw.com/newcontent/flg/ch13/st8/qa1.html
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| | UCLA Journal of Environmental Law & Policy: The Comprehensive Environmental Response, Compensation, and Liability Act: ... |
| | I. The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, ("CERCLA")(1) does not expressly impose strict liability. | | | The Comprehensive Environmental Response, Compensation, and Liability Act: the correct paradigm of strict liability and the problem of individual causation. | | | UCLA Journal of Environmental Law & Policy: The Comprehensive Environmental Response, Compensation, and Liability Act: the correct paradigm of strict liability and the problem of individual causation.@ HighBeam Research |
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http://www.highbeam.com/library/doc0.asp?DOCID=1G1:75162663&refid=holomed_1
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| | Strict liability offences. |
| | Coursework and Essays: By Level: A2 and A-Level: Law: Strict liability offences | | | Where an offence is one of strict liability, the prosecution must still prove that the defendant committed the actus reus, if the defendant acted involuntarily then there is no actus reus and so the defendant can be held liable. | | | On the other hand if an offence is one of absolute liability, even the lack of a voluntary act by the defendant will not allow them to avoid liability this was shown in R v Larsonneur (1933), The defendant had gone to Ireland when her permission to be in the UK had expired. |
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http://www.coursework.info/i/40300.html
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| | Strict liability - definition of Strict liability by the Free Online Dictionary, Thesaurus and Encyclopedia. |
| | Strict liability is not available in the general English dictionary and thesaurus. | | | Strict liability - definition of Strict liability by the Free Online Dictionary, Thesaurus and Encyclopedia. | | | This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional. |
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http://www.thefreedictionary.com/strict+liability
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| | Vicarious Liability: Strict Liability |
| | How is strict liability different than other liability? | | | Strict liability may apply to people who keep wild animals, such as tigers or snakes. | | | If damages occur, the property owner could be held strictly liable and would have to pay for the harm done, even if not directly negligent. |
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http://www.saskschools.ca/curr_content/law30/civil/lesson4/4b.html
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