strict liability


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strict liability

The liability of a property owner or occupier for injury to others despite the lack of any fault or wrongdoing by the owner or occupier.Typically, when people engage in an inherently dangerous activity on land,such as blasting rock,they are responsible for damage to adjoining property or to persons injured by the blast.This is true even if an independent contractor was responsible for the work and even if everything was done exactly as it should have been done using all possible safeguards and protections and the injury was the result of a freak accident.

References in periodicals archive ?
The push from Hampden for strict liability is a bid to claw back power they lost the minute clubs turned up at disciplinary hearings with QCs to ride a legal coach and horses through their rules.
It wasn't long before strict liability for product defects came under attack by proposals to replace it with a risk/ benefit test.
This suggests that, in designing a liability regime in the area of product safety, one might consider exploiting the information cost advantages of strict liability, on th one hand, and mitigating the rent-seeking pressure through a more flexible application of the doctrine precedent, on the other hand.
When all consumers suffer the same harm and perceive risk accurately, all of the liability rules are efficient, but when consumers misperceive risk, only strict liability remains efficient.
But what if committing a strict liability offense could land
The Court was thus attracted to strict liability as a means of providing a middle ground for regulatory offences between what it considered to be the two stark alternatives of full mens rea and absolute liability.
It then offers an explanation for this outcome--a substantial failure of the MPC-inspired revision of criminal codes--that emphasizes the continuing normative appeal of strict liability, the influence of instrumental rationales for punishment, and the limits of the judicial role in an era in which the legislative and executive branches are vastly expanding the reach and severity of criminal punishment.
Traditional economic analysis suggests that the difference between fault-based and strict liability does not affect incentives to take care.
Within that conception, a strict liability regime (16) makes
Strict Liability Fills Enforcement Gaps Left by Requirement of
Of course, the innovation incentives generated by strict liability are no different from the case in which consumers are fully informed.