Private Law Theory

“‘Strict liability’ in tort law is liability without fault. That is, more precisely, it is liability without regard for fault. Lawyers and social scientists have much debated the theoretical foundation and doctrinal justifications for strict liability. After talking recently with a scholar-colleague in Honduras, I think strict liability may be on the rise in a new class of cases in Latin American environmental law. Meanwhile, we use strict liability, in the United States, in certain classes of tort cases …” (more)

[Richard Peltz-Steele, The Savory Tort, 1 November]

First posted 2019-11-01 14:07:53