Results 301 to 310 of about 290,674 (330)
Some of the next articles are maybe not open access.
2007
Abstract This chapter analyses the concept of strict liability in Europe. It shows that the difference between fault liability and strict liability is a gradual rather than a principle one. When finding rules, courts and legislators in all jurisdictions use different elements from both categories to achieve the best mix. However, what is
openaire +1 more source
Abstract This chapter analyses the concept of strict liability in Europe. It shows that the difference between fault liability and strict liability is a gradual rather than a principle one. When finding rules, courts and legislators in all jurisdictions use different elements from both categories to achieve the best mix. However, what is
openaire +1 more source
Social Philosophy and Policy, 2019
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.
openaire +1 more source
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.
openaire +1 more source
2022
Abstract This book explores in a comparative perspective the most significant arguments that different legal actors put forward to justify the imposition of strict liability in tort in four legal systems, two common law (England and the United States) and two civil law (France and Italy).
openaire +1 more source
Abstract This book explores in a comparative perspective the most significant arguments that different legal actors put forward to justify the imposition of strict liability in tort in four legal systems, two common law (England and the United States) and two civil law (France and Italy).
openaire +1 more source
2017
This chapter focuses on identifying the circumstances in which an offence will be construed as one of strict liability—that is, where the Crown will not have to establish mens rea in relation to every element of the actus reus. The following controversies are examined: the presumption of mens rea, that is, unless Parliament has indicated otherwise, the
David Ormerod, Karl Laird
openaire +1 more source
This chapter focuses on identifying the circumstances in which an offence will be construed as one of strict liability—that is, where the Crown will not have to establish mens rea in relation to every element of the actus reus. The following controversies are examined: the presumption of mens rea, that is, unless Parliament has indicated otherwise, the
David Ormerod, Karl Laird
openaire +1 more source
2005
1. Six Senses of Strict Liability: A Plea for Formalism 2. Is Strict Liability Always Wrong? 3. Wrongs and Faults 4. Strict Liability, Justice and Proportionality 5. Whose Values should Determine when Liability is Strict? 6. Strict Liability, Legal Presumptions and the Presumption of Innocence 7.
openaire +1 more source
1. Six Senses of Strict Liability: A Plea for Formalism 2. Is Strict Liability Always Wrong? 3. Wrongs and Faults 4. Strict Liability, Justice and Proportionality 5. Whose Values should Determine when Liability is Strict? 6. Strict Liability, Legal Presumptions and the Presumption of Innocence 7.
openaire +1 more source