DANCEST 805 Lecture Notes - Lecture 15: The Employer, Learned Hand, Contributory Negligence

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24 Sep 2020
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Liability law deals with the conditions under which someone who has suffered damage can claim compensation for this damage from someone else. The main rule in liability law is that damage must be borne by the person who suffered it in the first place. The main exception to this is when the damage can be attributed to an act of somebody else. The other person has caused the damage, and if he did this intentionally or negligently, he must for that reason compensate it. There are a number of situations in which the damage is not the result of an act at all or is the result of a circumstance where the agent did not act intentionally or negligently. In some of these situations, the law nevertheless imposes liability on someone other than the victim. Strict liability exists when the law assumes there is liability, but does not base it on a fault of the person who must pay damages.

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