The imposition of strict liability in tort law is controversial, and
its theoretical foundations are the object of vigorous debate. Why do
or should we impose strict liability on employers for the torts
committed by their employees, or on a person for the harm caused by
their children, animals, activities, or things? In responding to this
type of questions, legal actors rely on a wide variety of
justifications. Justifying Strict Liability explores, in a comparative
perspective, the most significant arguments that are put forward to
justify the imposition of strict liability in four legal systems, two
common law, England and the United States, and two civil law, France
and Italy. These justifications include: risk, accident avoidance, the
'deep pockets' argument, loss-spreading, victim protection, reduction
in administrative costs, and individual responsibility. By looking at
how these arguments are used across the four legal systems, this book
considers a variety of patterns which characterise the reasoning on
strict liability. The book also assesses the justificatory weight of
the arguments, showing that these can assume varying significance in
the four jurisdictions and that such variations reflect different
views as to the values and goals which inspire strict liability and
tort law more generally. Overall, the book seeks to improve our
understanding of strict liability, to shed light on the justifications
for its imposition, and to enhance our understanding of the different
tort cultures featuring in the four legal systems studied.
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A Comparative Analysis in Legal Reasoning
Produktdetaljer
ISBN
9780192676061
Publisert
2022
Utgiver
Oxford University Press Academic UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter