Law 2101 Study Guide - Quiz Guide: Distributive Justice, Product Liability, Res Ipsa Loquitur
Document Summary
In france, strict liability is divided in general strict liability for things/persons and specific strict liability for things/persons (see chapter 2) In germany there is fault liability with a reversed burden of proof as well as strict liability for animals. In england, strict liability is rare and can only be found in a number of cases: Rylands v fletcher: in this case rylands is liable for damages caused to the neighbour by water that ran through mine shafts. However, only in very similar cases, strict liability is accepted. Liability for a breach of a statutory duty that might be strict (e. g. occupiers liability act, The offset argument is used in case of risky but useful activities. It holds that those who benefit from risky activities should bear the costs of accidents, instead of the victims who don"t benefit from it. The distributive justice argument holds that tort law should distribute wealth in society.
