Strict Liability
Products Liability - Strict Liability in Tort - Both the Manufacturer and the Retailer Are Strictly Liable in Tort for Personal Injuries Caused by a Defect in a Product Marketed with the Knowledge that It Is to Be Used Without Inspection for Defects. Vandermark v. Ford Motor Co. (Cal. 1964)
... Products Liability - Strict Liability in Tort - Both the Manufacturer Products Liability - Strict Liability in Tort - Both the Manufacturer and the Retailer Are Strictly Liable ...
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CRIMINAL LAW REFORM AND THE PERSISTENCE OF STRICT LIABILITY
... justify strict- liability punishments—beyond the threshold-culpability rationale—by reference to the deterrence and harm-prevention functions of the ...justifying liability and punishment simply ...
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Patent Hazards and the Delimitation of Defect in Strict Liability Cases Luque v McLean
... Patent Hazards and the Delimitation of Defect in Strict Liability Cases Luque v McLean SMU Law Review Volume 27 | Issue 4 Article 6 1973 Patent Hazards and the Delimitation of Defect in Strict Liabili[.] ...
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Tennis: when strict liability is not so strict
... a strict liability test is likely in some sense to be unfair in an individual case … where the Athlete may have taken medication as the result of mislabelling or faulty advice for which he or she is not ...
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Patent Accidents: Questioning Strict Liability in Patent Law
... performing a patent search would have been largely ineffective due to the existence of a patent thicket. As highlighted earlier, the smartphone sector is one which suffers heavily from the existence of multiple ...
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Patent Accidents: Questioning Strict Liability in Patent Law
... situations, the patentee has the opportunity to select the level of care before the technology user. The patentee has the opportunity to decide whether to attach markings to a product, and in what form, and how to write ...
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Sales Service Hybrid Transactions and the Strict Liability Dilemma
... Sales Service Hybrid Transactions and the Strict Liability Dilemma SMU Law Review Volume 43 | Issue 2 Article 7 1989 Sales Service Hybrid Transactions and the Strict Liability Dilemma Dana Shelhimer F[.] ...
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Strict liability versus negligence
... under strict liability as compared to negligence, depending on various ...under strict liability than under negligence because under negligence some losses are borne by the victim whereas ...
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Strict Liability in the Shadow of Juries
... Strict Liability in the Shadow of Juries SMU Law Review Volume 67 | Issue 3 Article 8 2014 Strict Liability in the Shadow of Juries Darryl K Brown University of Virginia School of Law, dkb5sp@virginia[.] ...
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Is Copyright Infringement a Strict Liability Tort?
... copyright’s liability rule is broadly ...a strict liability rule, much efficient copying with great benefits in terms of access would be ...the liability rule per ...the liability rule ...
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An Enterprise (No-Fault) Liability Suitable for Judicial Adoption - With a "Draft Judicial Opinion"
... imposing strict liability (without a defect requirement) also point to the need to limit the damages recoverable under that doctrine—as the foundational enterprise liability scholarship and Justice ...
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Chapter 4: Partnerships and Corporations
... In Beneficial, the defendant corporations attempted to distinguish Telegram on the ground that it was a case of strict liability involving a crime which did not req[r] ...
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The Failure of Decoupling Liability and Other Mistakes in Tort Law
... with strict liability with contributory negligence, the residual bearer adopts efficient levels of precaution and efficient activity levels; the party that is not the residual bearer, on the other hand, ...
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The Inefficiency of Decoupling Liability
... of strict liability with a defense (for example, in the case of contributory negligence) is that the injurer chooses the efficient activity level while the victim drives his activity to a level higher than ...
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Freedom of expression and Gatekeeper Theory
... the strict liability of gatekeepers was used to restrict the circulation of obscene material, up to the current system for government ordered blocking of content by internet intermediaries in India, using ...
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Torts
... It appears the assumption of risk defense as now used is contrary to the policies stated by the court when it first adopted strict liability in tort.[r] ...
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Product Liability: The Normative Austrian Perspective
... in liability the neoclassicals can explain? For the United States, Richard Epstein in his 1980 book on product liability law distinguishes three ...of liability have changed ...setting ...
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International liability and compensation regimes as a tool of strengthening the balance between shipping economy and marine environment protection
... maritime liability conventions, commenced in 1969, has proven to be ...pollution liability system, including inter alia raising shipowners’ and Fund’s limits of liability, specifying definition of ...
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Book Reviews
... The author's 1937 article on "legality, and subsequent articles on the history and rationale of criminal attempts; "strict liability"; and "interrelations of criminal law and torts," hav[r] ...
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Chapter 10: Products Liability
... In rejecting the technical and troublesome notice prerequisite of the alternative claim of breach of warranty, Justice Traynor emphasized the strict liability character[r] ...
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