Journal article
Rethinking fault liability and strict liability in the law of torts
- Abstract:
-
One of the most powerful influences on thinking regarding tort law is the distinction between fault liability and strict liability. It is virtually omnipresent in the cases and scholarship. This article argues that the ubiquitous practice of pigeonholing torts according to the categories of fault liability and strict liability is, at best, seriously misleading. It conceals the complexity of tort law and obscures more than it illuminates. Four arguments are made in support of this claim. The f...
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- Publication status:
- Published
- Peer review status:
- Peer reviewed
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Authors
Bibliographic Details
- Publisher:
- Sweet and Maxwell
- Journal:
- Law Quarterly Review More from this journal
- Volume:
- 139
- Issue:
- Apr
- Pages:
- 269-289
- Publication date:
- 2023-04-01
- Acceptance date:
- 2022-05-30
- ISSN:
-
0023-933X
Item Description
- Language:
-
English
- Keywords:
- Pubs id:
-
1261583
- Local pid:
-
pubs:1261583
- Deposit date:
-
2022-05-30
Terms of use
- Copyright holder:
- Thomson Reuters
- Copyright date:
- 2023
- Rights statement:
- © 2023 Thomson Reuters.
- Notes:
- This is the accepted manuscript version of the article. The final version is available online from Sweet and Maxwell
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