Reconceptualising Strict Liability for the Tort of Another

Reconceptualising Strict Liability for the Tort of Another
Title Reconceptualising Strict Liability for the Tort of Another PDF eBook
Author Christine Beuermann
Publisher Bloomsbury Publishing
Pages 255
Release 2019-11-28
Genre Law
ISBN 1509917543

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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 beyond the traditional classifications of 'vicarious liability' and 'liability for breach of a non-delegable duty of care' and, for the first time, seeks to explain all instances of strict liability for the tort of another in terms of the various relationships in which the courts impose such liability. The book shows that, despite appearances, there is a unifying feature to the various relationships in which the courts currently impose strict liability for the tort of another. That feature is authority. Whenever the courts impose strict liability for the tort of another, the defendant is either vested with authority over the person who committed a tort against the claimant or has vested or conferred a form of authority upon that person in respect of the claimant. This book uses this feature of authority to construct a new expositive framework within which strict liability for the tort of another can be understood.

Business Law I Essentials

Business Law I Essentials
Title Business Law I Essentials PDF eBook
Author MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
Publisher
Pages 180
Release 2019-09-27
Genre
ISBN 9781680923025

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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.

The Evolution from Strict Liability to Fault in the Law of Torts

The Evolution from Strict Liability to Fault in the Law of Torts
Title The Evolution from Strict Liability to Fault in the Law of Torts PDF eBook
Author Anthony Gray
Publisher Bloomsbury Publishing
Pages 287
Release 2021-02-25
Genre Law
ISBN 1509940995

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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.

A Theory of Strict Liability

A Theory of Strict Liability
Title A Theory of Strict Liability PDF eBook
Author Richard Allen Epstein
Publisher
Pages 164
Release 1980
Genre Law
ISBN

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Errata slip inserted. Bibliography: p. 137-140.

The American Law of Torts

The American Law of Torts
Title The American Law of Torts PDF eBook
Author Stuart M. Speiser
Publisher
Pages 1230
Release 1986
Genre Torts
ISBN

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Appraising Strict Liability

Appraising Strict Liability
Title Appraising Strict Liability PDF eBook
Author A. P. Simester
Publisher Oxford Monographs on Criminal
Pages 0
Release 2005
Genre Law
ISBN 9780199278510

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Strict liability is a controversial phenomenon in the criminal law because of its potential to convict blameless persons. Offences are said to impose strict liability when, in relation to one or more elements of the actus reus, there is no need for the prosecution to prove a corresponding mensrea or fault element. For example, in the 1986 case of Storkwain, the defendant chemists were convicted of selling controlled medicines without prescription simply upon proof that they had in fact done so. It was irrelevant that they neither knew nor had reason to suspect that the 'prescriptions'they fulfilled were forgeries. Thus strict liability offences have the potential to generate criminal convictions of persons who are morally innocent.Appraising Strict Liability is a collection of original contributions offering the first full-length consideration of the problem of strict liability in the criminal law. The chapters, including European and Anglo-American perspectives, provide a sustained and wide-ranging examination of thefundamental issues. They explore the definition of strict liability; the relationship between strict liability and blame, and its implications for the requirement for culpability in criminal law; the relevance of European and human rights jurisprudence; and the interaction between substantive rulesof strict liability and evidential presumptions.The breadth and depth of the contributions combine to present readers with a sophisticated analysis of the place and legitimacy of strict liability in the criminal law.

Private Wrongs

Private Wrongs
Title Private Wrongs PDF eBook
Author Arthur Ripstein
Publisher Harvard University Press
Pages 328
Release 2016-04-05
Genre Law
ISBN 0674659805

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Chapter 8. Remedies, Part 1: As If It Had Never Happened -- Chapter 9. Remedies, Part 2: Before a Court -- Chapter 10. Conclusion: Horizontal and Vertical -- Index