ABSTRACT
Strict liability refers to liability irrespective of fault, that is, liability for harm caused by realization of an abnormal risk within one party’s sphere of control. There are several different ways in which strict liability has evolved in the modern European law of extra-contractual liability. In many European jurisdictions the scope of strict liability is restricted to specific sources of danger enumerated by statutes. It revolves around singular risks (eg mines, animals, air transport, road traffic, electricity, pipelines), rather than general clauses. Most of these national legislative frameworks prohibit the possibility of extending statutory regimes of no-fault liability by analogous application. Conversely, French law uses a general clause on strict liability for the things in one’s keeping (responsabilité du fait des choses), and allows judicial policy-making to shape the limits of liability regardless of fault …
Karanikic Miric, Marija, General Clause on Strict Liability in Comparative Perspective (2017) in Bojan Milisavljević, Tatjana Jevremović Petrović, Miloš Živković (eds), Law and Transition. Collection of Papers, Belgrade 2017.
First posted 2020-08-18 04:59:39
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