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In tort law, strict liability is the imposition of liability on a party without a finding of fault (such as negligence or tortious intent). The claimant need only prove that the tort occurred and that the defendant was responsible. The law imputes strict liability to situations it considers to be inherently dangerous. [8]
In criminal law, strict liability is liability for which mens rea (Law Latin for "guilty mind") does not have to be proven in relation to one or more elements comprising the actus reus ("guilty act") although intention, recklessness or knowledge may be required in relation to other elements of the offense (Preterintentionally [1] [2] /ultraintentional [3] /versari in re illicita).
The court rejected a number of arguments made by Indiana Harbor Belt Railroad as to why strict liability should be applied in this case. Indiana Harbor Belt Railroad argued that the potentially calamitous nature of a chemical spill meant that strict liability should be imposed on shippers shipping hazardous chemicals.
Strict liability also applies to some types of product liability claims and to copyright infringement and some trademark cases. Some statutory torts are also strict liability, including many environmental torts. The term "strict liability" refers to the fact that the tortfeasor's liability is not premised on their culpable state of mind ...
On other occasions, causation is the only requirement for legal liability (other than the fact that the outcome is proscribed). For example, in the law of product liability, the courts have come to apply to principle of strict liability: the fact that the defendant's product caused the plaintiff harm is the only thing that matters. The ...
In 1401, the English case Beaulieu v Finglam imposed strict liability for the escape of fire; additionally, strict liability was imposed for the release of cattle. [7] Negligently handling fire was of particular importance in these societies given capacity for destruction and relatively limited firefighting resources.
Strict liability is to be imposed on the manufacturer in cases where a consumer is injured by a defective problem. This is to ensure that the costs of injury is not forced onto the consumer, but rather is covered by the corporation that put the defective product in the market.
The consequence is that strict liability for defamation is unconstitutional in the United States; the plaintiff must be able to show that the defendant acted negligently or with an even higher level of mens rea. In many other common law countries, strict liability for defamation is still the rule.