Ad
related to: strict liability tort cases examplesabclegal.com has been visited by 10K+ users in the past month
Search results
Results from the WOW.Com Content Network
In Judge Hand's formulation, liability depends upon whether B is less than L multiplied by P (viz., whether B < P*L). U.S. Court of Appeals, 2nd Circuit. 159 F.2d 169. Vaughan v. Menlove, 132 Eng. Rep.490 (C.P. 1837): An important case in the definition of a reasonable person standard in which a man negligently stacks hay that catches fire.
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]
Traynor also felt that the majority's reasoning approached a rule of strict liability even though the decision was ostensibly based on the doctrine of res ipsa loquitur: In leaving it to the jury to decide whether the inference has been dispelled, regardless of the evidence against it, the negligence rule approaches the rule of strict liability.
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 ...
The tort of trespass was inapplicable, as the flooding was deemed not to be "direct and immediate"; the tort of nuisance was rejected as this was a one-off event. [13] The case was first heard by Judge John Mellor and a special jury in September 1862 at the Liverpool Assizes; [14] a court order led to an arbitrator from the Exchequer of Pleas being appointed in December 1864. [15]
A typical example is one in which a contractor violates a building code when constructing a house. The house then collapses, injuring somebody. The violation of the building code establishes negligence per se and the contractor will be found liable, so long as the contractor's breach of the code was the cause ( proximate cause and actual cause ...
Yuba Power Products, Inc, was a California torts case in which the Supreme Court of California dealt with the torts regarding product liability and warranty breaches. The primary legal issue of the case was to determine whether a manufacturer is strictly liable in tort when an article he places on the market proves to have a defect that causes ...
The upshot is that the strict liability principle in Re Polemis has not been followed, and the case may be considered "bad law". [3] The move away from strict liability meant that it was more likely that a defendant would not be liable, and the Scots court in Hughes v Lord Advocate tried to find a middle way. It created the concept of ...
Ad
related to: strict liability tort cases examplesabclegal.com has been visited by 10K+ users in the past month