strict liability

strict liability
strict liability see liability 2b

Merriam-Webster’s Dictionary of Law. . 1996.

strict liability
(1) Tort liability imposed regardless of actual fault on a person or company that sells a product for injuries due to defective or dangerous products;
see also products liability
(2) Criminal liability imposed regardless of criminal intent on a person who commits a certain type of criminal act, such as a parking violation.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.

strict liability
1. in tort and delict, liability without proof of fault, i.e. that the mere happening of a proscribed event incurs liability but always subject to certain defence. The defence recognised in common law cases are: (i) act of the Queen's enemies; (ii) act of God, or in Scotland damnum fatale; (iii) the intervention of a third party.
English law has historically supported many instances of strict liability, as did (and still, to an extent, does) Scots law. Some UK legislation imposes forms of strict liability that sometimes, because of the absence of defence, goes as far as to be appropriately described as absolute liability. In English law the main instances are liability for nuisance, non-natural user of land under the doctrine established in Rylands v. Fletcher, the escape of fire and, at common law, for wild animals (ferae naturae). In Scotland it has recently been established that neither nuisance nor non-natural user are instances of strict liability but are instead governed by the concept of fault, with the exception, until the matter comes up for decision, of the diversion of the course of a natural stream: RHM Bakeries v . SRC 1985 SLT 214. Liability is still strict in matters covered by the Praetorian edict in respect of innkeepers, carriers and stable-keepers, although both in Scotland and in England the hotel proprietor, as defined, is given some exemptions from the rigours of strict liability, as indeed is the carrier. The UK has two main schemes of strict liability – for animals (liability for animals) and for defective products (product liability). There are three others, less commonly invoked:
(1) in respect of nuclear occurrences under the Nuclear Installations Act 1965;
(2) oil pollution under the Merchant Shipping (Oil Pollution) Act 1971;
(3) regular pollution under the Control of Pollution Act 1974.
2. in contract. Generally, liability in contract is to perform to the letter of the contract, so liability is often said to be strict. However, the parties may expressly or by implication have agreed that, for example, only reasonable care ought to be exercised. The doctrine of frustration operates to free a party in certain cases from the obligation.
3. in criminal law, strict liability is an exception to the general rule of liability, which usually demands that it is essential to show mens rea. However, many statutory crimes and offences do not require this, particularly those under the Road Traffic Acts. Again, some of these offences in the absence of defence or provisions amount to absolute liability.

Collins dictionary of law. . 2001.

strict liability
Automatic responsibility for damages due to manufacture or use of equipment or materials that are inherently dangerous, such as explosives, animals, poisonous snakes, or assault weapons. A person injured by such equipment or materials does not have to prove the manufacturer or operator was negligent in order to recover money damages.
Category: Accidents & Injuries
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.

strict liability
Absolute legal responsibility for an injury that can be imposed on the wrongdoer without proof of carelessness or fault.

Dictionary from West's Encyclopedia of American Law. 2005.

strict liability
Absolute legal responsibility for an injury that can be imposed on the wrongdoer without proof of carelessness or fault.
II Concept applied by the courts in product liability cases that when a manufacturer presents his goods for public sale, he is representing that they are suitable for their intended use.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

strict liability
   automatic responsibility (without having to prove negligence) for damages due to possession and/or use of equipment, materials or possessions which are inherently dangerous, such as explosives, wild animals, poisonous snakes or assault weapons. This is analogous to the doctrine of res ipsa loquitur in which control, ownership and damages are sufficient to hold the owner liable.

Law dictionary. . 2013.

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