Search Results

Justifying Strict Liability

Download or Read eBook Justifying Strict Liability PDF written by Marco Cappelletti and published by Oxford University Press. This book was released on 2022-06-23 with total page 385 pages. Available in PDF, EPUB and Kindle.
Justifying Strict Liability
Author :
Publisher : Oxford University Press
Total Pages : 385
Release :
ISBN-10 : 9780192859860
ISBN-13 : 0192859862
Rating : 4/5 (60 Downloads)

Book Synopsis Justifying Strict Liability by : Marco Cappelletti

Book excerpt: The imposition of strict liability in tort law is controversial, and its theoretical foundations are the object of vigorous debate. Why do or should we impose strict liability on employers for the torts committed by their employees, or on a person for the harm caused by their children, animals, activities, or things? In responding to this type of questions, legal actors rely on a wide variety of justifications. Justifying Strict Liability explores, in a comparative perspective, the most significant arguments that are put forward to justify the imposition of strict liability in four legal systems, two common law, England and the United States, and two civil law, France and Italy. These justifications include: risk, accident avoidance, the 'deep pockets' argument, loss-spreading, victim protection, reduction in administrative costs, and individual responsibility. By looking at how these arguments are used across the four legal systems, this book considers a variety of patterns which characterise the reasoning on strict liability. The book also assesses the justificatory weight of the arguments, showing that these can assume varying significance in the four jurisdictions and that such variations reflect different views as to the values and goals which inspire strict liability and tort law more generally. Overall, the book seeks to improve our understanding of strict liability, to shed light on the justifications for its imposition, and to enhance our understanding of the different tort cultures featuring in the four legal systems studied.


Justifying Strict Liability Related Books

Justifying Strict Liability
Language: en
Pages: 385
Authors: Marco Cappelletti
Categories:
Type: BOOK - Published: 2022-06-23 - Publisher: Oxford University Press

DOWNLOAD EBOOK

The imposition of strict liability in tort law is controversial, and its theoretical foundations are the object of vigorous debate. Why do or should we impose s
Reconceptualising Strict Liability for the Tort of Another
Language: en
Pages: 244
Authors: Christine Beuermann
Categories: Law
Type: BOOK - Published: 2019-11-28 - Publisher: Bloomsbury Publishing

DOWNLOAD EBOOK

This book adopts a novel approach to resolving the present difficulties experienced by the courts in imposing strict liability for the tort of another. It looks
Justifying Strict Liability
Language: en
Pages: 385
Authors: Marco Cappelletti
Categories: Law
Type: BOOK - Published: 2022-05-23 - Publisher: Oxford University Press

DOWNLOAD EBOOK

The imposition of strict liability in tort law is controversial, and its theoretical foundations are the object of vigorous debate. Why do or should we impose s
Is There Really No Liability Without Fault
Language: en
Pages: 15
Authors: Gregory C. Keating
Categories:
Type: BOOK - Published: 2017 - Publisher:

DOWNLOAD EBOOK

This paper comments on John C.P. Goldberg & Benjamin C. Zipursky, The Strict Liability in Fault and the Fault in Strict Liability 85 Fordham L.Rev. 743 (2016).
Strict Liability in Criminal Law
Language: en
Pages: 144
Authors: Faizan Mustafa
Categories: Criminal liability
Type: BOOK - Published: 1992 - Publisher:

DOWNLOAD EBOOK

Scroll to top