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European Tort Law$
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Cees van Dam

Print publication date: 2013

Print ISBN-13: 9780199672264

Published to Oxford Scholarship Online: May 2013

DOI: 10.1093/acprof:oso/9780199672264.001.0001

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Strict Liability

Strict Liability

(p.297) 10 Strict Liability
European Tort Law

Cees Van Dam

Oxford University Press

This chapter analyzes the concept of strict liability. It shows that the difference between fault and strict liability is a gradual one rather than one of principle. In fact, most liability rules are a combination of fault and strict elements. When finding rules, courts and legislators in all jurisdictions use different elements from both categories to achieve what they consider to be the best mix to come to a fair decision.

Keywords:   fault liability, tort law, liability rules, strict liability

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