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* Injustice - Can a person person to be blamed, or is it even fair that even though they took all reasonable steps to avoid the problem? * Ineffectiveness - there is no deterrent if the guilty party is not caught. * Little administrative advantage - not much time is saved since the court still needs to hear the whole of the case. * Reverse burden of proof - There is presumption in English law that you are innocent until proven guilty, however in some strict liabilty cases the role is reversed and you are assumed guilty of the offence unless you can prove that you are not guilty. This is contrary to the normal "presumption of innonecence". The way this operates can be seen in Halton Magistrates' Court, ex parte Grundy Excavations 2003. This seems an unfair injustice in our modern society * Inconsistent application - there is a lack of certainly due to the reliance on statutory interpretation
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What are some advantages of strict liability?
easy prosecution you cant say you didnt know acts as a deterrant justice time saving disadvantages blameworthy
Strict liability and tortuous liability?
Strict liability is a form of civil liability, similar to negligence. The main difference between strict liability and tortious liability is that you can be held liable for any harm resulting from certain activities without any fault, simply because the activity falls within the classification of strict liability. Most states have adopted strict liability in some form, and activities that qualify fall into two general categories.
What is strict liability?
Strict liability makes a person responsible for the damage and loss caused by his/her acts and omissions regardless of culpability (or fault in criminal law terms, which would normally be expressed through a mens rea requirement; see Strict liability (criminal)). Strict liability is important in torts (especially product liability), corporations law, and criminal law. For analysis of the pros and cons of strict liability as applied to product liability, the most important strict liability regime,
What is the difference between absolute and strict liability?
In strict liability, there are certain defenses available whereas in absolute liability, there are none.
Is strict liability liability without fault?
Yes
Strict liability is liability without fault?
Yes it is
Concept of strict liability under Indian penal code?
Strict liability is the liability to punitive sanction despite the lack of mens rea.
What are some examples of strict liability torts?
Strict liability torts are legal wrongs for which a person can be held responsible without the need to prove fault or negligence. Examples include product liability, ultrahazardous activities, and certain types of animal-related injuries.
What is the basis for strict liability?
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What has the author James B Sales written?
James B. Sales has written: 'Product liability law in Texas' -- subject(s): Products liability 'The law of strict tort liability in Texas' -- subject(s): Strict liability
The doctrine of strict liability only applies to abnormally dangerous activity?
No, the doctrine of strict liability can apply to a variety of other situations beyond just abnormally dangerous activity. These may include certain product liability cases, activities involving animals, and some cases of harmful conduct or behavior. In strict liability cases, the defendant can be held liable for damages without having to prove negligence or intent.
What are the 3 categories of strict liability and can you give examples for each category?
The three categories of strict liability are: Strict liability for abnormally dangerous activities: Examples include blasting operations, keeping wild animals, and storing explosives. Strict liability for defective products: Examples include faulty car brakes, contaminated food products, and unsafe children's toys. Strict liability for ultrahazardous activities: Examples include nuclear power plants, toxic waste disposal, and handling of dangerous chemicals.
