Fault and Strict Liability Flashcards
(22 cards)
What is strict liability?
Liability without fault (intentional or negligent conduct).
What are alternative terms for strict liability?
Objective liability or risk liability.
Can strict liability include elements of negligence?
Yes, such as in vicarious or product liability.
Why is the distinction between negligence and strict liability blurred?
Because elements of both are often mixed in practice.
What is the main function of strict liability rules?
To improve the claimant’s position by removing the need to prove negligence.
What types of activities often trigger strict liability?
Activities involving high-risk objects like motor vehicles, animals, or defective products.
What is the fairness argument for strict liability?
Those who benefit from an activity should bear its risks (ubi emolumentum, ibi onus).
How does liability insurance relate to strict liability?
It allows risk spreading and financial protection for liable parties.
What is ‘negligence liability with an extra debtor’?
Vicarious
When someone is jointly liable with the actual negligent party (e.g., employer for employee).
What is strict liability for a defective object?
Liability based on the condition/safety of a thing, not the producer’s negligence.
What is the ‘defectiveness test’ in EU product liability?
A product is defective if it doesn’t meet safety expectations.
What is strict liability with a limited defence?
Liability independent of conduct, with only limited defences like force majeure.
What is an ‘external cause’ defence?
A third party/natural event that was unforeseeable and unavoidable.
What makes some strict liability rules ‘absolute’?
They exclude even contributory negligence as a defence (e.g., nuclear damage).
How do courts stretch negligence into strict liability?
By raising the standard of care and reversing the burden of proof.
What is the result of increasing the required standard of care?
Courts impose high duties even if risk is low, resembling strict liability.
What does an objective test for negligence imply?
Defendants are judged by the reasonable person standard, not their own abilities.
What is an example of reversed burden of proof in negligence?
German employer liability: employer must prove careful selection/supervision.
What is res ipsa loquitur?
A presumption of negligence based on the nature of the accident (e.g., rear-end collision).
What happens when burden of proof shifts to the defendant?
Liability can follow even if the defendant acted carefully but can’t prove it.
What is the spectrum between fault and strict liability?
A continuum from subjective fault to absolute liability, with mixed systems in between.
Why is the dichotomy between negligence and strict liability outdated?
Because modern tort law often blends elements of both to achieve fairness.
Ex: “adequate warnings” tests in strict product liability cases are founded on negligence
