Essay On Strict Liability

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Strict Liability In addition to intentional torts and negligence, there is a third type of civil liability known as strict liability. Throughout most of the study of law, we have seen a principle that equates liability with fault. Implicit in our justice system is the belief that before someone should be liable, whether criminally or civilly, there should have to be some degree of fault. It offends our notions of justice to think that someone, through no fault of their own, could be held liable. However, some activities are of such a nature that society has demanded that responsibility not be limited to situations where fault must be proven. These situations result in what we call strict liability. If harm results, the actor will be responsible for any and all harm without regard to fault. Whether the actor exercised due care, or even exceeded due care, he or she will be liable for any damage that occurs. The categories for…show more content…
Fire and Strict Liability According to one noted authority on tort law, Prof. William L. Prosser, author of Handbook of the Law of Torts, 4th edition (St. Paul, MN: West Publishing, 1971), at common law landowners were held to strict liability for fires that started on their land and damaged the property of another. English case law recognized some exceptions, such as for acts of God or the intervening act of a stranger. This policy was changed by statute in 1707 to prevent liability against a landowner for accidental fires. Thereafter, English courts held landowners liable only for fires that were caused by negligence or were intentionally

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