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Journal articles on the topic 'Strict liability tort'

Author: Grafiati

Published: 11 December 2022

Last updated: 31 July 2025

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1

Capes, Justin A. "STRICT MORAL LIABILITY." Social Philosophy and Policy 36, no. 01 (2019): 52–71. http://dx.doi.org/10.1017/s0265052519000220.

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Abstract:Strict liability in tort law is thought by some to have a moral counterpart. In this essay I attempt to determine whether there is, in fact, strict liability in the moral domain. I argue that there is, and I critically evaluate several accounts of its normative foundations before suggesting one of my own.

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2

Meier, Luke. "Achieving True Strict Product Liability (But Not For Plaintiffs With Fault)." University of Michigan Journal of Law Reform, no. 57.2 (2024): 301. http://dx.doi.org/10.36646/mjlr.57.2.achieving.

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Under modern tort law, the “strict” product liability cause of action does not impose true strict liability (liability without fault). This Article suggests that this counterintuitive development is not the byproduct of a policy choice. Instead, an unresolved doctrinal difficulty is responsible for the modern requirement that a plaintiff prove fault before winning on a “strict” product liability claim. The doctrinal difficulty is this: How can tort law impose liability on faultless product manufacturers while simultaneously preventing plaintiffs with fault from being able to recover under a tr

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3

Simmonds, N. E. "Epstein's Theory of Strict Tort Liability." Cambridge Law Journal 51, no. 1 (1992): 113–37. http://dx.doi.org/10.1017/s0008197300016780.

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Alan Brudner recently observed that a significant tendency within contemporary legal scholarship has been “the movement toward comprehending private law in terms of non-legal ‘perspectives’ that reduce to surface rhetoric the discourse by which private law articulates and understands itself”. This is most obviously true of the economic analysis of law, and not simply in so far as it introduces a vocabulary that is unfamiliar to the lawyer. For the perspective which has informed the most influential currents within that movement is fundamentally aggregative in orientation, so that legal doctrin

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Mascaro, Marisa L. "Preconception Tort Liability: Recognizing a Strict Liability Cause of Action for DES Grandchildren." American Journal of Law & Medicine 17, no. 4 (1991): 435–55. http://dx.doi.org/10.1017/s0098858800006560.

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AbstractOver the past decade more than 1,000 "DES daughters" have filed lawsuits against the manufacturers of DES, alleging that their in utero exposure to the drug caused various reproductive tract abnormalities, including cancer. Plaintiffs now allege that their grandmothers' use of DES during pregnancy caused genetic damage leading to cancer in third generations. This Note addresses the validity of preconception tort liability in the context of third-generation DES cases. Plaintiffs in preconception tort liability cases have sought recovery under both negligence and strict liability causes

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5

Geistfeld, Mark A. "Strict Products Liability 2.0: The Triumph of Judicial Reasoning Over Mainstream Tort Theory." Journal of Tort Law 14, no. 2 (2021): 403–67. http://dx.doi.org/10.1515/jtl-2021-0027.

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Abstract Strict products liability has evolved in a manner that is widely misunderstood. The liability rule was first formulated to govern defective products that did not minimally perform one of their ordinary functions as expected by consumers—a malfunction that violates the implied warranty of quality. After adopting this rule, courts began applying it to products that did not malfunction and found that a test for defect based on consumer expectations often is indeterminate or can otherwise unduly limit liability in an important class of cases. To address these problems, most courts adopted

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6

Husak, Douglas N. "Varieties of Strict Liability." Canadian Journal of Law & Jurisprudence 8, no. 2 (1995): 189–225. http://dx.doi.org/10.1017/s0841820900003167.

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Little about strict liability has evoked much agreement among commentators except for their opposition to it. Most but not all philosophers of law regard strict liability in the criminal law as unjust. To be sure, the opposition of commentators is highly qualified. Legal philosophers are more tolerant of strict liability in tort law than in criminal law, less vehement when punishments are relatively lenient, and sometimes prepared to allow the exigencies of law enforcement to override considerations of justice. These concessions, however, are made in a general climate of hostility to strict li

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Rachmawati, Irma. "The Transformation from Fault Liability to Strict Liability: A Cutting-edge Indonesian Maritime Tort Law." E3S Web of Conferences 622 (2025): 02006. https://doi.org/10.1051/e3sconf/202562202006.

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Strict liability has gained recognition in Indonesian law, particularly following Indonesia's ratification of several international conventions in the late 1990s. The Indonesian tort law system often contrasts strict liability with fault-based liability. Article 536 of the Commercial Code stipulates that "all collisions are due to his fault," requiring the plaintiff to prove fault in maritime collision cases. This provision aligns with the faultbased liability principle, which places the burden of proof on the claimant. However, this approach differs from environmental law and international co

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8

Lahe, Janno. "The Concept of Fault of the Tortfeasor in Estonian Tort Law: A Comparative Perspective." Review of Central and East European Law 38, no. 2 (2013): 141–70. http://dx.doi.org/10.1163/092598812x13274154887420.

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The fault of the wrongdoer is one of the preconditions for general tort liability. Nowadays, fault-based liability and strict liability are two equally important forms of liability that are not polar opposites but, rather, complement one another. This article focuses on the meaning of the fault of a tortfeasor. It considers the notion of fault in two European model rules (the Draft Common Frame of Reference and the Principles of European Tort Law), in the Estonian Law of Obligations Act, and also makes reference to German, French, English, and Russian tort law. We shall begin with a comparativ

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9

Richard, J. Hunter, H. Shannon John, and J. Amoroso Henry. "A Teaching Note on Strict Liability in Tort." Education Quarterly Reviews 6, no. 2 (2023): 162–87. https://doi.org/10.31014/aior.1993.06.02.747.

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Before the Greenman decision in 1963, a plaintiff in a products liability case had to rely on the theories of negligence, breach of warranty, or misrepresentation or fraud for recovery. These theories were not specific to products cases and presented plaintiffs with certain formidable “obstacles.” Because of the many issues raised in applying these theories, courts began to search for a more rational theory for determining liability which would move away from judging the conduct of an actor and instead would focus on the product itself. In Part 6 of the Series on Teaching Notes, th

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10

Perry, Stephen R. "The Impossibility of General Strict Liability." Canadian Journal of Law & Jurisprudence 1, no. 2 (1988): 147–71. http://dx.doi.org/10.1017/s0841820900000692.

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Both the history of tort law and the recent theoretical literature on the subject suggest that there are two intellectually tenable and more or less equally respectable answers to the question of what should be the general standard of liablity in tort, namely fault and strict liability. Each is generally thought to have represented, at one time or another, the dominant approach of the positive common law. Each has its modern theoretical proponents: a fault-based approach has been argued for on grounds of economic efficiency by Richard Posner, for example, and on grounds of individual moral rig

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11

Machnikowski, Piotr. "The Principles of European Tort Law and Product Liability." Journal of European Tort Law 15, no. 1 (2024): 31–43. http://dx.doi.org/10.1515/jetl-2024-0003.

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Abstract The authors of the Principles of European Tort Law (PETL) did not intend to regulate in detail the strict liability of a manufacturer for damage caused by a defect in its product. While creating general principles of liability for damage caused otherwise than by breach of an obligation, they had no need to refer to those problems for which uniform and detailed solutions already existed in the European Communities. Product liability was such a problem (the only one in the area of tort law, by the way). Given the existence of the 1985 Product Liability Directive, there was no need to lo

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Hunter, Jr Richard J., Henry J. Amoroso, and John H. Shannon. "A Managerial Guide to Products Liability: A Primer on the Law in the United States—PART II A Focus on Theories of Recovery." International Journal of Learning and Development 2, no. 3 (2012): 99. http://dx.doi.org/10.5296/ijld.v2i3.1777.

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Abstract In Part II, the authors build on Part I of this study and here focus on the theories implicit in a product liability claim: negligence, fraud and misrepresentation, and warranty—with a focus on their inherent weaknesses—leading to the creation of the now preferred theory of strict liability in tort. The context of Part II is on the common cases that provided the theoretical basis for the underlying theories, as well as to the development of strict liability. Key words: Theories of liability, negligence, warranty, fraud, strict liability

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de Jong, E. R. "Strict Liability and the Aims of Tort Law." Maandblad voor Vermogensrecht 32, no. 1 (2022): 42–47. http://dx.doi.org/10.5553/mvv/157457672022032001008.

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14

Mohamad, Abdul Bashir Bin. "Strict Liability in the Islamic Law of Tort." Islamic Studies 39, no. 3 (2000): 445–62. https://doi.org/10.52541/isiri.v39i3.5333.

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15

Brushwood, David B. "Pharmaceutical litigation: Judicial tort reform and strict liability." Journal of Legal Medicine 10, no. 2 (1989): 376–84. http://dx.doi.org/10.1080/01947648909513577.

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Liivak, Taivo, and Janno Lahe. "Strict Liability for Damage Caused by Self-Driving Vehicles: The Estonian Perspective." Baltic Journal of Law & Politics 12, no. 2 (2019): 1–18. http://dx.doi.org/10.2478/bjlp-2019-0009.

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Abstract In the case of damage caused by a conventionally driven vehicle, it is usually possible in EU Member States to subject the possessor/controller of the vehicle to heightened tortious no-fault liability, i.e. strict liability. The development and possible introduction of self-driving vehicles pose a challenge also for tort law, because it is unlikely that self-driving vehicles will not cause any damage to third parties. With the application of strict liability in mind, this article attempts to identify possible differences between damage caused by a conventional vehicle as opposed to th

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17

Magnus, Ulrich. "European Perspectives of Tort Liability." European Review of Private Law 3, Issue 3 (1995): 427–44. http://dx.doi.org/10.54648/erpl1995031.

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Abstract. The law of tort serves two main functions: compensation of damage and prevention of damage. During the period of industrialisation in the nineteenth century the law aimed to secure the greatest possible freedom of action for economic operators and required proof of fault. Modern laws recognise the dangers inherent in many economic activities and have increasingly objectivised the notion of fault. In addition, the special risks that attach to certain forms of activity have led to strict liability for harm arising from such activity. Czech law takes a modem approach, and indeed include

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Papayannis, Diego M. "Tort Law without Interpersonal Justice." Journal of European Tort Law 16, no. 1 (2025): 31–51. https://doi.org/10.1515/jetl-2025-0004.

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Abstract 31Gregory C Keating’s Reasonableness and Risk presents a sophisticated analysis of tort law, intertwining considerations of distributive and interpersonal justice. While his treatment of the distributive aspect of tort law and its role in protecting core interests, such as safety and bodily integrity, is compelling and influential, I argue that his conception of strict liability introduces significant theoretical distortions. In particular, Keating asserts that in strict liability torts, agents are not under a duty not to harm, but are only under a duty to pay compensation. This creat

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Fedtke, Jörg. "The Reform of German Tort Law." European Review of Private Law 11, Issue 4 (2003): 485–508. http://dx.doi.org/10.54648/erpl2003031.

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Abstract: After a few futile attempts at reforming German law relating to compensation for tortious acts and breach of contract, a bill enacted on April 18, 2000 brought about some major changes. Amongst the key areas of reform are: the introduction of a general claim for non-pecuniary loss in cases of personal injury; the partial exclusion of value-added tax (VAT) in the calculation of material damages; an improvement of the position of children participating in public traffic; a “levelling” of the defences available to train operators as well as keepers of motorised vehicles under strict lia

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Zubitashvili, Nona. "Interrelation between tort liability and strict liability in cases of compensation for damages resulting from economic crime." Journal of Contemporary Law 2, no. 2 (2023): 40–45. http://dx.doi.org/10.31578/jcl.v2i2.25.

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The relevance of the issue of the relationship between the doctrine of tort liability andstrict liability is caused by the decisions of the Supreme Court of Georgia in 2015 on two identicalcriminal cases of tax evasion, whereby the strict liability of the partner was used as the legal basis forcompensation of property damage, instead of tortious liability. This article discusses the principles ofvicarious liability and tortious liability in determining property liability resulting from economic crime.

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21

Hai, Mingming. "Strict Liability for Viewers in Tort Law of Naked Photos Without Others’ Permission?" Law and Economy 2, no. 1 (2023): 23–27. http://dx.doi.org/10.56397/le.2023.01.03.

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The infringement of Private rights tort law is elaborated by specific laws and regulations but is not perfect. Especially in the field of network, the existing legal loopholes have not been filled up so far, and thus become the focus of discussion. Given that the major aim of tort law is to recompense victims for damages, holding individual viewers accountable is not acceptable since it would not properly fulfill the goal of tort law. This paper mainly discusses whether collecting and view someone’s naked photos without others’ permission should be regarded as strict liability, and to compensa

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22

Yin, Yilin. "The Economic Efficiency of Vicarious Liability in Employment Relationships." Lecture Notes in Education Psychology and Public Media 26, no. 1 (2023): 116–20. http://dx.doi.org/10.54254/2753-7048/26/20230864.

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A tort that occurs because an employee is not qualified for a certain job but to operate that job and leads to damage. Many people may be confused in this case which party shall bear the tort liability caused by this infringement, the employer or the employee, and how vicarious liability has been applied. This paper introduces vicarious liability and vicarious liability in employment relationships. Under no matter civil law system or common law system, there is the same content of vicarious liability. This paper only focuses on the basis of vicarious liability which will not cause a fallacy be

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23

Shavell, Steven. "The Mistaken Restriction of Strict Liability to Uncommon Activities." Journal of Legal Analysis 10 (2018): 1–45. http://dx.doi.org/10.1093/jla/lay004.

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Abstract Courts generally insist that two criteria be met before imposing strict liability rather than basing liability on the negligence rule. The first—that the injurer’s activity must be dangerous—is sensible because strict liability possesses general advantages over the negligence rule in controlling risk. But the second—that the activity must be uncommon—is ill-advised because it exempts all common activities from strict liability no matter how dangerous they are. Thus, the harm generated by the large swath of common dangerous activities—from hunting, to construction, to the transmission

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Gifford, Donald G. "Technological Triggers to Tort Revolutions: Steam Locomotives, Autonomous Vehicles, and Accident Compensation." Journal of Tort Law 11, no. 1 (2018): 71–143. http://dx.doi.org/10.1515/jtl-2017-0029.

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AbstractWaves of technological change explain the most important transformations of American tort law. In this Article, I begin by examining historical instances of this linkage. Following the Industrial Revolution, for example, machines, no longer humans and animals, powered production. With greater force, locomotives and other machines inflicted far more severe injuries. These dramatic technological changes prompted the replacement of the preexisting strict liability tort standard with the negligence regime. Similarly, later technological changes caused the enactment of workers’ compensation

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Widmer, Pierre. "The Ideal Tort Law and the PETL – Dreams of a Legal Escapist." Journal of European Tort Law 15, no. 1 (2024): 99–106. http://dx.doi.org/10.1515/jetl-2024-0007.

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Abstract This paper presents a critical appraisal of the criteria in the Principles of European Tort Law (PETL) for imputing liability to one person for damage suffered by another and a plea for a simplified system with a more extensive area of strict liability than is to be found in the current Principles.

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Hunter, Jr Richard J., Henry J. Amoroso, and John H. Shannon. "A Managerial Guide to Products Liability: A Primer on the Law in the United States." International Journal of Learning and Development 2, no. 3 (2012): 34. http://dx.doi.org/10.5296/ijld.v2i3.1773.

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This article provides an overview or primer on the law of products liability in the United States for use in the managerial decision-making process. It focuses on the development of case law under the common law in determining a product defect, types of defects, theories of recovery, and the move to the adoption of the theory of strict liability in products cases. The article is written within the context of the Restatement of the Law of Torts. The article provides useful information to the product manager who is responsible for production decisions in a business organization. Key words: Produ

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Orchard, Maria. "Liability in negligence of the mentally ill." Common Law World Review 45, no. 4 (2016): 366–74. http://dx.doi.org/10.1177/1473779516673932.

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An essential element of the tort of negligence is the duty of care, which is measured by the objective standard of a reasonable person and does not take into account a defendant’s personal characteristics. In Dunnage v Randall, the Court of Appeal was tasked with deciding whether a person’s mental illness should be considered when defining the appropriate standard of care. The court held that the deceased, an undiagnosed paranoid schizophrenic who set himself on fire, was subject to the objective standard, breached his duty by failing to act with reasonable care and was therefore liable for th

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Keating, Gregory C. "Products Liability As Enterprise Liability." Journal of Tort Law 10, no. 1 (2017): 41–97. http://dx.doi.org/10.1515/jtl-2017-0009.

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AbstractIn the American legal academy, the prevailing wisdom about the rise of modern products liability law is framed by a debate which took place more than thirty years ago. George Priest’s brilliant 1985 paper The Invention of Enterprise Liability, asserted that modern American products liability law in its formative moment was enterprise liability incarnate, but condemned this commitment as itself a profound defect in products liability law. With rhetoric worthy of a Biblical Jeremiad, Priest argued that the “unavoidable implication of the three presuppositions of [enterprise liability] is

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Mao, Chunxiao. "Shifting Liability Principles for Generative Artificial Intelligence from a Law and Economics Perspective: From Negligence Liability to Strict Liability." Journal of Global Economy, Business and Finance 7, no. 6 (2025): 62–69. https://doi.org/10.53469/jgebf.2025.07(06).13.

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While generative artificial intelligence's technological breakthroughs unleash tremendous value, its unique tort risk structure fundamentally challenges traditional negligence liability principles. This thesis systematically analyzes, from a law and economics perspective, the inherent defects and institutional failure origins of applying negligence liability principles to Generative AI infringements, and demonstrates the rationality and advantages of shifting toward strict liability principles. Through typological analysis of Generative AI infringement scenarios, four core characteristics are

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Singh, Sahibpreet, and Manjit Singh. "Criminal Liability in AI-Enabled Autonomous Vehicles: A Comparative Study." Journal of University Institute of Legal Studies 18, no. 1 (2025): 57–78. https://doi.org/10.5281/zenodo.14772136.

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AI is revolutionizing transportation by making it more sustainable. This application in autonomous vehicles has its own set of complexities concerning liability in case of infractions. The methodology employed in this study involves a comparative legal analysis approach. This includes a comprehensive analysis of primary legal documents to understand the current legal landscape in the selected jurisdictions. Additionally, the study draws on a real-world comparative analysis and examines liability claims to gain practical insights into the legal complexities. Secondary sources include academic l

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Knetsch, Jonas. "Tort Law and Mass Transportation Accidents: A French-German View on Legal Challenges in Times of Market Deregulation." Journal of European Tort Law 9, no. 2 (2018): 154–69. http://dx.doi.org/10.1515/jetl-2018-0108.

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Abstract The liberalisation of the coach, air and rail transport market sheds new light on a relatively unexplored field of comparative tort law: the rules governing the liability of transportation companies for accidents involving third parties. Through an assessment of recent developments under French and German Law, this article reflects on the emerging trends of those tort rules, induced or highlighted by the market opening process. The existing strict liability regimes for railway and coach carriers, already subject to a significant tightening process, raise new questions as to the exact

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32

Zelen, Melissa. "Products Liability Issues in School Asbestos Litigation." American Journal of Law & Medicine 10, no. 4 (1985): 467–89. http://dx.doi.org/10.1017/s0098858800009412.

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AbstractThe hazards posed by deteriorating friable asbestos in the nation’s schools are causing serious concerns for public health officials, school boards, parents and school employees. Reports by both the Environmental Protection Agency and the U.S. Attorney General’s Office agree that both school children and school employees stand a substantially increased risk of contracting some form of asbestos-related disease as a result of exposure to deteriorating asbestos materials in school buildings.School systems plagued by die asbestos hazards are now filing suits against asbestos manufacturers

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Lee, Jewoo. "Two Defining Features of Russian Tort Law: Their Rationale and Legal Effect." Review of Central and East European Law 39, no. 2 (2014): 109–43. http://dx.doi.org/10.1163/15730352-00000015.

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There are two aspects of Russian tort law that set it apart from that of other countries: the recognition of a general reversal of the burden of proof regarding fault in delictual obligations, and the existence of a general clause of strict liability. Such features are not only unique to Russian law but, also, constitute the very core of tort law in Russia today.Despite the significance of these two features, this is a gravely understudied area of research. One of the main reasons for this lies in the lack of interest in (and access to) Soviet legal literature and case law. However, without ex

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Oertel, Christoph. "Strict Liability in the Principles of European Tort Law: The Black Hole and Central Building Site." Journal of European Tort Law 15, no. 1 (2024): 4–30. http://dx.doi.org/10.1515/jetl-2024-0002.

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Abstract The rule on strict liability is regarded by many specialists as the central building site of the Principles of European Tort Law (PETL). The following contribution first gives a brief overview of the current state of the law in Europe regarding this area, which is of enormous importance in European practice. It then presents rationales for the introduction of strict liability with a precise proposal for a rule restating the current state of the law from a European-wide perspective, while, at the same time, allowing the courts sufficient flexibility in reaching a decision in individual

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Grossman, Margaret Rosso. "Genetically Modified Crops in the United States: Federal Regulation and State Tort Liability." Environmental Law Review 5, no. 2 (2003): 86–108. http://dx.doi.org/10.1177/146145290300500202.

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This article first discusses some benefits and risks of agricultural crops developed through biotechnology and then outlines the complex US regulatory scheme for genetically modified crops. The article then analyses nuisance, trespass, negligence, and strict liability as possible tort law remedies for damage caused by these crops.

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Fruchter, Joshua. "Doctors On Trial: A Comparison of American and Jewish Legal Approaches to Medical Malpractice." American Journal of Law & Medicine 19, no. 4 (1993): 453–95. http://dx.doi.org/10.1017/s0098858800010133.

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The recent and continual call for tort reform has many scholars proposing alternatives to current U.S. medical malpractice law. Most commentators limit their discussions to variations of the two Anglo Saxon theories of liability — negligence and strict liability. Little has been written examining the legal treatment of medical malpractice in other cultures. This article compares and contrasts Jewish and American medical malpractice law, examining both the contemporary and ancient sources of the law.

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Rabin, Robert. "Restating the Law: The Dilemmas of Products Liability Authors." University of Michigan Journal of Law Reform, no. 30.2.2.3 (2025): 197. https://doi.org/10.36646/mjlr.30.2.3.restating.

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Tracing products liability law from its origins to present day developments, Professor Rabin discusses the long-standing presence of interwoven strands of contract and tort ideology, as well as the perennial tensions between strict liability and negligence. These themes are evident both in the distinctly influential California case law and in the two Restatement efforts to systematize the doctrine that has emerged nationally. Rabin identifies the manner in which foundational ideological precepts of consumer expectations and enterprise liability have contributed to a continuously dynamic, if of

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Bruyne, J. De, and O. Dheu. "Artificial Intelligence and Tort Law: A ‘Multi-faceted’ Reality." European Review of Private Law 31, Issue 2/3 (2023): 261–98. http://dx.doi.org/10.54648/erpl2023021.

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Artificial Intelligence (AI) is becoming increasingly prevalent in our daily lives. Although AI systems bring many benefits, several legal and regulatory challenges remain as well. A field that has already attracted much attention is extra-contractual and product liability for damage involving AI systems. Accidents involving self-driving vehicles or surgical robots surely are a reason why tort and product liability are increasingly being discussed. Another reason relates to the intrinsic characteristics of AI such as opaqueness, autonomy, connectivity, data dependency or self-learning abilitie

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Williams, Derrick. "Secondhand Jurisprudence in Need of Legislative Repair: The Application of Strict Liability to Commercial Sellers of Used Goods." Texas Wesleyan Law Review 9, no. 2 (2003): 255–85. http://dx.doi.org/10.37419/twlr.v9.i2.4.

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This Comment will discuss the inability of tort law to provide an adequate solution to this issue, and why this issue should be taken out of the hands of the courts altogether and regulated by state legislatures. State legislatures have the capability to fashion a solution to this problem that would provide adequate compensation to injured consumers without: (1) adversely affecting the used goods market; (2) forcing injured consumers to deal with the expenses and difficulties of litigation using the negligence doctrine or warranty theory; or (3) unfairly holding secondhand dealers liable for d

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Rott, Peter. "Supply Chain Liability of Multinational Corporations?" European Review of Private Law 23, Issue 3 (2015): 415–36. http://dx.doi.org/10.54648/erpl2015029.

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Abstract: Recent years have seen numerous disasters in factories in countries like Bangladesh and Pakistan that produce goods, in particular garments, for retailers in industrialized countries without being part of their corporate structures. This article raises the question of whether and under what circumstances those retailers may still incur tort law liability for incidents in their supply chains. First discussing concepts of liability for third parties and of organizational torts, this article shows that courts have cautiously moved away from the dogma of strict separation of responsibili

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41

Frech, H. E. "State-dependent utility and the tort system as insurance: Strict liability versus negligence." International Review of Law and Economics 14, no. 3 (1994): 261–71. http://dx.doi.org/10.1016/0144-8188(94)90042-6.

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42

Mulligan, Andrea. "A vindicatory approach to tortious liability for mistakes in assisted human reproduction." Legal Studies 40, no. 1 (2019): 55–76. http://dx.doi.org/10.1017/lst.2019.19.

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AbstractMistakes in assisted human reproduction procedures such as IVF, egg, sperm and embryo donation are surprisingly common, but tortious liability for such mistakes has not been addressed in the courts of England and Wales, or Ireland. This paper presents an argument in favour of a vindicatory approach to tortious claims arising from mistakes, where the claimants are the parents of the resulting, healthy, child. Drawing on the analogous tort of wrongful pregnancy, the paper provides a vindicatory account of the case of Rees v Darlington Memorial Hospital, and argues that Rees signposts the

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Rajapakse, Pelma Jacinth. "Contamination of Food and Drinks: Product Liability in Australia." Deakin Law Review 21, no. 1 (2018): 45. http://dx.doi.org/10.21153/dlr2016vol21no1art718.

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This article examines the Australian law determining liability of manufacturers and retailers for injury or death allegedly caused by food and drink products which were spoiled, contaminated, or otherwise in a deleterious condition. Product liability and the issue of negligence associated with consumption of foods or drinks deemed as contaminated form the key points of discussion in this article. The liability of manufacturers, processors, wholesalers and retailers are explored with reference to elements of negligence, breach of express or implied warranty, misrepresentation, and strict liabil

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Geistfeld, Mark A. "Conceptualizing the Intentional Torts." Journal of Tort Law 10, no. 2 (2018): 159–96. http://dx.doi.org/10.1515/jtl-2017-0024.

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AbstractAccording to the most recent draft of the Restatement (Third) of Torts: Intentional Torts to Persons, the intentional torts protect the rightholder’s interests differently from negligence-based rules and strict liability, placing them into a distinct substantive category. This conceptualization, however, does not provide courts with adequate guidance on how to formulate the element of intent. Different formulations can protect the rightholder’s interests differently from negligence and strict liability, so something else must determine the appropriate way to formulate the element of in

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Galega, Samgena D. "Strict liability for defective products in Cameroon? Some illuminating lessons from abroad." Journal of African Law 48, no. 2 (2004): 239–67. http://dx.doi.org/10.1017/s0021855304482060.

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Notwithstanding the weaknesses of the tort of negligence as a mechanism for compensating victims of defective products, it remains the only avenue for recourse when the rights of consumers in Cameroon are infringed. While strict liability for defective products has been introduced in several (mostly Western) jurisdictions, Cameroonian law in this context remains unchanged. This article makes a critical analysis of the reform/experiences in those jurisdictions. It argues against the prevailing negligence or fault-based system in Cameroon within the context of the contemporary global economic or

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Singla, Aman. "Absolute Liability Merits Demerits – A Critical Analysis." International Journal for Research in Applied Science and Engineering Technology 12, no. 3 (2024): 725–30. http://dx.doi.org/10.22214/ijraset.2024.58915.

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In numerous circumstances, an individual is found liable for an act that he could not have performed, or for which he made all reasonable efforts to avoid causing any harm, yet was nevertheless held liable. This is a situation in which an individual is held liable notwithstanding the absence of fault; these are strict liability rules. The legislation recognises this provision based on the 'no-fault responsibility' criteria. These rules are based on case law. This clause was handed down in the case of Rylands vs. Fletcher, and hence this rule is commonly referred to as the "Rule in Rylands vs.

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Hook, Maria. "Reasonable Foreseeability of Harm as an Element of Nuisance." Victoria University of Wellington Law Review 47, no. 2 (2016): 267. http://dx.doi.org/10.26686/vuwlr.v47i2.4805.

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A landowner's utility pipe bursts and floods the plaintiff's land. It was reasonably foreseeable that the water would cause flood damage to the plaintiff's land in case of an escape. But it was not reasonably foreseeable that the pipe would burst and, hence, that there would be an escape of water. Can the landowner be liable in nuisance? This paper explores the conceptual implications of the proposition that reasonable foreseeability of harm is an element of liability in nuisance. It argues that, if reasonable foreseeability of harm is an element of nuisance, then nuisance can no longer be tho

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Sokołowski, Łukasz Mikołaj. "Liability for damage caused by unsafe innovative food – a legal perspective." Przegląd Prawa Rolnego, no. 1(26) (October 25, 2020): 47–63. http://dx.doi.org/10.14746/ppr.2020.26.1.3.

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The subject of the considerations presented in the article are issues related to the liability for placing unsafe innovative food on the market. They are aimed at answering the question of whether the tort liability regime based on the risk principle meets the requirements of the modern agri-food sector and provides effective protection of consumer’s health and life against threats that may result from product innovations. The adoption of legal solutions providing for producer’s strict liability for an unsafe product must be assessed positively. They facilitate the consumer’s ability to seek r

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Tennant, Sarah-Lynn, and Corlia Van Heerden. "Product Liability in an Age of Development Risks: Should South Africa Reconsider Adopting a Development Risk Defence?" Journal of African Law 68, no. 3 (2024): 359–77. http://dx.doi.org/10.1017/s0021855323000360.

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AbstractTo provide protection against harm caused by defective, unsafe products and to promote product safety, the law of product liability has developed as a specialized area of the law of delict (tort). The vexing question is, who should bear such liability? This contribution interrogates the notorious EU development risk defence, which exonerates manufacturers that meet certain stringent requirements for undiscoverable development risks in products that consequently inflict harm on consumers. In particular, it considers the election by South Africa, which recently adopted a “strict” product

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Cooter, Robert D. "Economic Theories of Legal Liability." Journal of Economic Perspectives 5, no. 3 (1991): 11–30. http://dx.doi.org/10.1257/jep.5.3.11.

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This essay synthesizes and re-conceptualizes some central results of the economic analysis of liability law and sketches the legal details that drive them. Three different legal mechanisms for creating efficient incentives are examined in turn. The first mechanism uses the legal rule of strict liability to internalize costs. The second mechanism uses a negligence standard to create and enforce efficient standards of behavior. The third mechanism uses law to channel transactions into voluntary exchange. The initial explanation of the three mechanisms makes simplifying assumptions of perfect inf

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