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6 edition of Theory of Strict Liability found in the catalog.

Theory of Strict Liability

Richard Allen Epstein

Theory of Strict Liability

Toward a Reformation of Tort Law (Cato paper)

by Richard Allen Epstein

  • 391 Want to read
  • 28 Currently reading

Published by Cato Inst .
Written in English


The Physical Object
FormatPaperback
Number of Pages141
ID Numbers
Open LibraryOL8386877M
ISBN 100932790089
ISBN 109780932790088


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Theory of Strict Liability by Richard Allen Epstein Download PDF EPUB FB2

Theory of Strict Liability: Toward a Reformation of Tort Law (Cato paper) [Epstein, Richard A.] on *FREE* shipping on qualifying offers. Theory of Strict Liability: Toward a Reformation of Tort Law (Cato paper)5/5(2). Broker Liability. Another new theory of liability is broker liability.

A broker is an entity that does not transport the load but deals with the shipper and motor carrier in arranging the transportation. A broker is often the “middle man” between the shipper and motor carrier. Strict liability is a legal doctrine that makes a person or company responsible for their actions or products which cause damages regardless of any intent on their part.

A plaintiff filing a personal injury lawsuit under a strict liability law does not need to show intentional or negligent conduct, only that the defendant's action triggered strict liability and that the plaintiff.

A THEORY OF STRICT LIABILITY RICHARD A. EPSTEIN* INTRODUCTION TORTS is at once one of the simplest and one of the most complex areas of the law. It is simple because it concerns itself with fact patterns that can be understood and appreciated without the. underlying the theory and shows how it can be used to decide whether negligence or strict liability is the more efficient liability standard in particular circumstances.

Part III evaluates the success of the model in explaining (1) the negligence standard itself, (2)Cited by: "Although Richard Epstein's theory of strict liability explains many aspects of contemporary tort law better than some more fashionable theories, nevertheless it ought to be viewed as primarily normative in character.

His version of strict liability is an attempt to base the prima facie case in a tort action solely on causal grounds. He then proceeds to develop some very striaghtforward Theory of Strict Liability book.

A general theory of initial injurer liability has been Theory of Strict Liability book by Theory of Strict Liability book Epstein. See Epstein, A Theory of Strict Liability, 2 J.

LEGAL STDIES (). Epstein's analysis draws heavily from a prior exhaustive treatment of conceptual and practical aspects of legal liability.

Of all published articles, the following were the most read within the past 12 monthsCited by: This book is a collection of original essays offering the first full-length consideration of the problem of strict liability in the criminal law: that is, the problem of criminal offences that allow a defendant to be convicted without proof of fault.5/5(2).

In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant.

In the field of torts, prominent examples of strict liability may include Theory of Strict Liability book liability, abnormally dangerous activities (e.g., blasting), intrusion. It is worth exploring the difference between strict liability and fault liability in greater detail, since the development of both tort law and tort theory is in part Theory of Strict Liability book story about the choice between them.

Strict liability. Suppose I make a mess on my property and present you with the bill. Along the way this chapter explores one long-standing controversy in tort theory: whether the underlying norm of ancient tort law was strict liability or liability based on fault (negligence).

This question was addressed by Holmes in his book Theory of Strict Liability book the common : Keith N. Hylton. Strict Liability. Absolute legal responsibility for an injury that can be imposed on the wrongdoer without proof of carelessness or fault.

Strict liability, sometimes called absolute liability, is the legal responsibility for damages, or Theory of Strict Liability book, even if the person found strictly liable was not.

A Theory of Strict Liability book owner is caught in an unforeseeable storm and will lose her boat unless she docks. What happens. If the boat owner docks, the boat will do worth. In the typical products-liability case, three legal theories are asserted—a contract theory and two tort theories. The contract theory is warranty, governed by the UCC, and the two tort theories are negligence and strict products liability, governed by the common law.

See Figure “Major Products Liability Theories”. Compare book prices from overbooksellers. Find Theory of Strict Liability: Toward a Reformation of () by Epstein, Richard A/5(2). Strict liability applies under the Restatement rule even though “the seller has exercised all possible care in the preparation and sale of his product.” This is the crux of “strict liability” and distinguishes it from the conventional theory of negligence.

As illustrated by the above quotes, U.S. courts use strict liability as the standard for determining child support liability in the case of un-married parents. The man or woman legally required to make pay-ments each month is the one biologically linked to the child, with no weight given to the existence of any social, psychological, emotional.

The contract theory is warranty A guarantee., governed by the UCC, and the two tort theories are negligence The legal theory imposing liability on a person for the proximate consequences of her carelessness. and strict products liability Liability imposed on a merchant-seller of defective goods without fault., governed by the common law.

CHAPTER 15 TORTS, NEGLIGENCE, AND STRICT LIABILITY INTRODUCTION A tort (from the French - meaning personal injury, and Medieval Latin - wrong, injustice) is a private or civil wrong against a person or persons and/or their property that results in a liability for which compensation is justified.

The basisFile Size: KB. (Chapter 10 - Strict Liability and Products Liability) From the Book: "Tort Law For Paralegals" 4th Ed. Neal R. Bevans ISBN: Wolters Kluwer-Aspen College Series [Side] Refers to Key Terms that are Defined on the Page Sides.

Plaintiffs cannot successfully use the theory of strict liability for which of the following claims involving product defects. an oral statement that the exercise bicycle can support a person of pounds.

Which of the following is an example of an express warranty. both I and II. This chapter deals with the relation of strict liability to corrective justice.

The first half criticizes Richard Epstein's sustained effort to vindicate strict liability as a requirement of justice between the parties. Epstein's position is consistent neither with corrective justice's equality nor with its idea of agency nor with its correlativity of right and duty.

Get this from a library. A theory of strict liability: toward a reformulation of tort law. [Richard Allen Epstein] -- Errata slip inserted. Bibliography: p. While somewhat simple in theory, the strict product liability rule (and exceptions to the rule) can get complicated.

"Strict" Liability Means the Defendant’s Behavior Usually Doesn't Matter In most kinds of personal injury cases, the defendant’s conduct in connection with the underlying incident is usually an essential aspect of the case.

Robert Rabin gives a brief account of the conceptual break between Fleming James's defense of strict products liability and the need for a reconceptualization after the s: “With the two major areas of liability for unintended harm [products liability and no-fault auto compensation] in a state of flux [post s], comprehensive Cited by: SAGE Video Bringing teaching, learning and research to life.

SAGE Books The ultimate social sciences digital library. SAGE Reference The complete guide for your research journey. SAGE Navigator The essential social sciences literature review tool.

SAGE Business Cases Real world cases at your fingertips. CQ Press Your definitive resource for politics, policy and people. From its stronghold in these acts, the theory of enterprise liability spread back through the common law of torts, making its presence felt in traditional common law fields of strict liability such as vicarious liability10 and abnormally dangerous activity liability, and influenced the rise of products liability Indeed, over the course of.

That theory - the theory of enterprise liability - went on to spread throughout the tort law of accidents, reshaping preexisting forms of strict and vicarious liability and blossoming in the products liability regime inaugurated by Section A of the Second by: 5.

This chapter discusses the theory of strict liability as a way of eliminating tort's reliance on the fault principle. The theory holds that (1) liability and recovery are matters of justice for all and only losses result from the invasion of rights; (2) compensation can never be a matter of justice in the absence of a right; and (3) compensation in torts is always for action contrary to rights.

The distinction between strict liability and negligence is a funda-mental feature of tort law. Tort law theory contrasts strict liability and negligence by identifying different justifications for each standard.' Tort law in practice draws a sharp distinction between strict liability and negligence.

THE EVOLUTION OF MASSACHUSETTS PRODUCTS LIABILITY LAW AND THE CONUNDRUM OF STRICT LIABILITY. LEX. RANT * I. NTRODUCTION. Few statements of Massachusetts law have been as con­ founding and as frequently repeated as this: liability under the im­ plied warranty of merchantability is congruent in nearly all respects with strict.

Highly recommended., Professor Rosenberg's book provides an excellent discussion of Holmes' theory of jurisprudence, his analysis of important principles in tort law, and legal scholarship and history.

The insights into negligence and strict liability will be helpful to practitioners and judges. Strict liability Which crimes are crimes of strict liability.

39 2 a licence, contrary to s. 1(1) of the Wireless Telegraphy Act His conviction was upheld by the Court of Appeal which stated that this offence was one of strict liability. This conclusion was reached as the offence had been created in the interest of publicFile Size: KB.

Strict liability applies when a defendant places another person in danger, even in the absence of negligence, simply because he is in possession of a dangerous product, animal or weapon. The. Abstract. International criminal law is a relatively young discipline and draws on both international law and criminal law theories.

Arguably, the absence of a Dogmatik may prevent the formation of an authentic system of international criminal law. However, the author shows there is room to build a proper theory of criminal liability in international criminal by: 2.

Defective Product Claims: Theories of Liability. Learn the common liability theories used in defective products cases. If there is an "ace in the hole" in defective products cases, it is the legal doctrine of strict liability. Here's how strict products liability works: Normally, if a company is the cause of an accident of some sort, the.

Strict Liability - Public Policy is that Someone Must Pay. This is an introductory lesson in the tort theory of strict liability. It is written for the undergraduate legal studies, paralegal and.

Many product liability cases turn on experts’ testimony, where both plaintiff and defendant use expert testimony to establish or deny a link between an alleged defect and an injury. Although strict liability is most common, products liability lawsuits also include negligence theories, and breach of warranty theories.

Chapter 7 Negligence and Strict Liability N.B.: TYPE indicates that a question is new, modified, or unchanged, as follows. N A question new to this edition of the Test Bank. A question modified from the previous edition of the Test Bank. = A question included in the previous edition of the Test Bank.

Under the theory of negligence, the duty of care requires an intentional act. Criticisms of Enterprise Risk Theory Summary of Weaknesses in Relation to Enterprise Pdf as a Pdf of Strict Liability to Justify the Imposition of Vicarious Liability Historical Weaknesses The Theory Does Not Explain the Existing Contours of Vicarious Liability The Theory Seems Applicable as a General Principle by which an Organisation is.

Put differently, download pdf fundamental difference between strict and negligence liability is that, under strict liability, the payment of damages to those injured by the characteristic risks of an activity is a condition for the rightful conduct of an activity, (23) whereas, under negligence liability, the payment of damages is a matter of redress.strict-liability theory.

Each essentially attaches ebook guarantee to the product intended to promote product safety, quality, and conformity. Although it does not compel a warranty, the due-care theory pushes manufacturers to avoid negligence and to act reasonably to protect consumers in the design, choice of.