Jump to ContentJump to Main Navigation
European Tort Law$
Users without a subscription are not able to see the full content.

Cees van Dam

Print publication date: 2007

Print ISBN-13: 9780199227679

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199227679.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 27 January 2021

Strict Liability

Strict Liability

(p.255) 10 Strict Liability
European Tort Law

Cees van Dam

Oxford University Press

This chapter analyses the concept of strict liability in Europe. It shows that the difference between fault liability and strict liability is a gradual rather than a principle one. When finding rules, courts and legislators in all jurisdictions use different elements from both categories to achieve the best mix. However, what is considered to be the best mix differs throughout the legal systems. France prefers it with many elements of strict liability whereas England prefers it with a huge amount of negligence elements. Three variations on strict liability are considered: liability with an extra debtor, liability for a defective object, and liability with a limited defence.

Keywords:   strict liability, Europe, extra debtor, defective object, negligence, fault liability, France, England

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .