Is There Really No Liability Without Fault PDF Download
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Author | : Gregory C. Keating |
Publisher | : |
Total Pages | : 15 |
Release | : 2017 |
Genre | : |
ISBN | : |
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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). In their important writings over the past twenty years, Professors Goldberg and Zipursky have argued that torts are conduct-based wrongs. A conduct-based wrong is one where an agent violates the right of another by failing to conform her conduct to the standard required by the law. Strict liability in tort poses a formidable challenge to the claim that all torts are wrongs whose distinctive feature is that they violate an applicable standard of conduct. When lawyers speak of strict liability causes of action, they are describing a domain of liability where a plaintiff does not have to prove that the defendant's conduct was defective in order to recover. Strict liability is liability without regard to defective conduct. Defective conduct may be present, but its presence is not essential to liability. When liability in tort is strict, the basis of liability is not that the defendant's conduct was defective. The defining characteristics of strict liability in tort are obscured when strict liability torts are recast -- in a negligence mold -- as conduct-based wrongs.The term “strict liability” has multiple meanings. One meaning -- the meaning relevant when we speak of strict liability torts as an overarching form of tort liability -- is conceptual. Here, strict liability means liability which is not predicated on defective conduct. Two other meanings are also prominent in tort discourse. These two other meanings are normative, or moral. Some liabilities are strict because they impose liability on conduct that is blameless, morally speaking. Other liabilities are strict because they impose liability on conduct which is justified, not defective. The imposition of strict liability on morally innocent conduct is prominent in connection with autonomy rights -- powers of control that the law assigns to people over their own persons and property. The imposition of strict liability on justified conduct is found in various torts that address physical harm. Here, tort law stakes out the claim that even though the conduct responsible for inflicting the harm is justifiable, the failure to repair harm justifiably inflicted is not. Neither form matches the template of a conduct-based wrong.
Author | : Albert A. Ehrenzweig |
Publisher | : Univ of California Press |
Total Pages | : 104 |
Release | : 2023-11-10 |
Genre | : Law |
ISBN | : 0520350154 |
Download Negligence Without Fault Book in PDF, ePub and Kindle
This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1951.
Author | : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) |
Publisher | : |
Total Pages | : 180 |
Release | : 2019-09-27 |
Genre | : |
ISBN | : 9781680923025 |
Download Business Law I Essentials Book in PDF, ePub and Kindle
A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
Author | : Thomas Lundmark |
Publisher | : LIT Verlag Münster |
Total Pages | : 264 |
Release | : 1998 |
Genre | : Law |
ISBN | : 9783825837396 |
Download Common Law Tort & Contract Book in PDF, ePub and Kindle
Author | : John C. P. Goldberg |
Publisher | : |
Total Pages | : 46 |
Release | : 2016 |
Genre | : |
ISBN | : |
Download The Strict Liability in Fault and the Fault in Strict Liability Book in PDF, ePub and Kindle
Tort scholars have long been obsessed with the dichotomy between strict liability and liability based on fault or wrongdoing. We argue that this is a false dichotomy. Torts such as battery, libel, negligence, and nuisance are wrongs, yet all are “strictly” defined in the sense of setting objective and thus quite demanding standards of conduct. We explain this basic insight under the heading of “the strict liability in fault.” We then turn to the special case of liability for abnormally dangerous activities, which at times really does involve liability without wrongdoing. Through an examination of this odd corner of tort law, we isolate “the fault in strict liability” -- that is, the fault line between the wrongs-based form of strict liability that is frequently an aspect of tort liability and the wrongs-free form of strict liability that is found only within the very narrow domain of liability for abnormally dangerous activities. We conclude by defending these two features of the common law of tort: the strictness of the terms on which it defines wrongdoing and its begrudging willingness to recognize, in one special kind of case, liability without wrongdoing.
Author | : Anthony Gray |
Publisher | : Bloomsbury Publishing |
Total Pages | : 287 |
Release | : 2021-02-25 |
Genre | : Law |
ISBN | : 1509940995 |
Download The Evolution from Strict Liability to Fault in the Law of Torts Book in PDF, ePub and Kindle
Strict liability and the common law -- Strict liability and particular torts in legal history -- Rylands v Fletcher in the United Kingdom -- Comparative approach to Rylands v Fletcher liability -- Summary of the theoretical debate : strict liability and fault-based liability -- Critical reflections on the justifications for strict liability -- The tort of nuisance and fault -- Strict liability in the law of defamation -- Trespass and fault.
Author | : Guido Calabresi |
Publisher | : |
Total Pages | : 340 |
Release | : 1972 |
Genre | : |
ISBN | : |
Download The Costs of Accidents Book in PDF, ePub and Kindle
Author | : Ariel Porat |
Publisher | : Oxford University Press, USA |
Total Pages | : 236 |
Release | : 2001 |
Genre | : Law |
ISBN | : 9780198267973 |
Download Tort Liability Under Uncertainty Book in PDF, ePub and Kindle
Providing a comprehensive and principled account of the uncertainty problem that arises in tort litigation, this text critically examines the existing doctrinal solutions of the problem, as evolved in England, United States, Canada & Israel.
Author | : Jules L. Coleman |
Publisher | : CUP Archive |
Total Pages | : 532 |
Release | : 1992-11-27 |
Genre | : Business & Economics |
ISBN | : 9780521428613 |
Download Risks and Wrongs Book in PDF, ePub and Kindle
Jules Coleman discusses the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety.
Author | : Sandy Steel |
Publisher | : Cambridge University Press |
Total Pages | : 461 |
Release | : 2015-09-11 |
Genre | : Law |
ISBN | : 1107049105 |
Download Proof of Causation in Tort Law Book in PDF, ePub and Kindle
A clear, critical analysis of proof of causation in the law of tort in England, France and Germany.