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strict liability

law

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application in doctrine of negligence

  • Liability claim of a Titanic disaster survivor
    In negligence

    …taken, a policy known as strict liability (see also manufacturer’s liability).

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liability without “mens rea”

  • In criminal law: Liability without mens rea

    …known in Anglo-American law as strict liability offenses, and in French law as infractions purement matérielles. In German law they are excluded because the requirement of mens rea is considered a constitutional principle.

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manufacturer’s liability

  • In manufacturer’s liability

    …a particular product, and (3) strict liability, in which a seller or manufacturer can be held liable for a defective product even if the conditions of negligence or breach of warranty do not apply. An active consumerism movement is credited with the courts’ increasing acceptance of arguments based on manufacturer’s…

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use within tort law

  • In tort: Strict liability statutes

    Strict liability statutes are proliferating the world over and survive alongside judge-made rules such as that enunciated by the English decision of Ryland v. Fletcher (1868), which held that anyone who in the course of “non-natural” use of his land accumulates thereon for his own…

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warranties

  • In warranty: Social and ethical implications

    strict-liability theory. Each essentially attaches a guarantee to the product intended to promote product safety, quality, and conformity. Although it does not compel a warranty, the due-care theory pushes manufacturers to avoid negligence and to act reasonably to protect consumers in the design, choice of…

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tort

trover, a form of lawsuit in common-law countries (e.g., England, Commonwealth countries, and the United States) for recovery of damages for wrongful taking of personal property. Trover belongs to a series of remedies for such wrongful taking, its distinctive feature being recovery only for the value of whatever was taken, not for the recovery of the property itself (compare replevin).

Trover damages are measured by the market value of the object (not its replacement cost) plus compensation for deprivation of use and compensation for other losses naturally and proximately caused by the wrongful taking. Plaintiff can also recover interest that would have been earned by the money value of the object and any expense (except attorney’s fees) incurred in attempting to recover the object. If the taker sold the object for more than its market value, plaintiff receives that higher price. If the taker has made improvements on the object (e.g., repainted it), the value of such improvements are not deducted from plaintiff’s recovery unless the taking was by mistake.