法律英语讲义民法概要1.pptVIP

Strict Liability Torts General Strict liability In tort law, strict liability is liability without fault (such as negligence or tortious intent). Policy basis Under certain circumstances, a plaintiff may be allowed recovery even though there is no fault on the part of the defendant. General Application Strict liability often applies to those engaged in hazardous or inherently dangerous activities: blasting storing inherently dangerous substances keeping wild animals It also applies to sellers and manufacturers. Product Liability Definition the responsibility of a manufacturer or vendor of goods to compensate for injury caused by defective merchandise that it has provided for sale Product liability claims in the US negligence claims strict liability claims breach of warranty claims various consumer protection claims Product Liability Types of liability Manufacturing defect Manufacturing defects are those that occur in the manufacturing process and usually involve poor-quality materials or shoddy workmanship. Design defect Design defects occur where the product design is inherently dangerous or useless (and hence defective) no matter how carefully manufactured. Ultra-hazardous Activity General An ultra-hazardous activity in the common law of torts is one that is so inherently dangerous that a person engaged in such an activity can be held strictly liable for injuries caused to another person, even if the person engaged in the activity took every reasonable precaution to prevent others from being injured. Ultra-hazardous Activity Categories Transportation, storage, and use of ultra-hazardous materials radioactive materials certain hazardous chemicals Keeping of dangerous animals wild animals (i.e. animals that are not normally domesticated in that area) domesticated animals that have a known propensity for dangerous behavior Nuisance General Definition something that causes offence, annoyance, trouble or injury The law of nuisance Under the common law, persons in posse