Lecture 16 and 17 - Accountability and Responsibility

Question 1

What is strict liability?

Answer 1

liability without fault (so no need to prove fault in order to be liable) e.g. a defective product

Question 2

What is one limitation of strict liability?

Answer 2

must cause foreseeable damage

Question 3

How do courts determine the meaning of language?

Answer 3

look at context and determine ‘single natural ordinary meaning of the words’ - Koutsogiannis v Random House Group [2019]

Question 4

What case looks at foreseeable damage?

Answer 4

Cambridge Water v Eastern Countries Leather [1994]

Question 5

What happened in Cambridge Water v Eastern Countries Leather [1994]?

Answer 5

ECL used chemical that ended up contaminating an underground water supply 1.3 miles away used as drinking water, held not strictly liable as damage not foreseeable

Question 6

What happened in Bates & Ors v Post Office [2017]?

Answer 6

many people, inlcuding Bates, falsely accused of theft fraud etc and imprisoned/financially ruined, never fully got justice

Question 7

What was the case about the people falsely accused of theft and fraud etc?

Answer 7

Bates & Ors v Post Office Ltd [2017]