Strict Liability

Legal Definition and Related Resources of Strict Liability

Meaning of Strict Liability

In the case of Rylands v Fletcher, L.R.3 Fl.L. 330, the rule of strict liability was stated thus: We think that the true rule of law is that the person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes must keep same at his peril , and if he does not do so is prima facie answerable for all the damages which are the natural consequences of its escape . He can excuse himself by showing that the escape was owing to the plaintiffs default or perhaps that the escape was the consequence of vis major or the act of god . The basis of this liability in such cases is the intentional behavior of defendant in exposing the community to abnormal risks. See McLane v North West Natural Gas Co., 255 Or. 324, 467 P.2d 635. In modern times, the doctrine has been extended to products liability cases. See, e.g.. La Rossa v Scientific Design Co., (C.A.3.N.J.) 402 F.2d 937. In general , the doctrine is frequently adopted with respect to an abnormally dangerous condition or activity. See Second Restatement of Torts §520.

Related Entries of Strict Liability in the Encyclopedia of Law Project

Browse or run a search for Strict Liability in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Strict Liability in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Strict Liability in Historical Law in the Encyclopedia of Law.

Legal Abbreviations and Acronyms

Search for legal acronyms and/or abbreviations containing Strict Liability in the Legal Abbreviations and Acronyms Dictionary.

Related Legal Terms

You might be also interested in these legal terms:

Mentioned in these terms

Absolute Liability.

Resources

See Also

  • Law Dictionaries.
  • Actus Reus; Mens Rea; Mistake; Rape: Legal Aspects; Vicarious Liability.

    Negligence; Proximate Cause; Rylands v. Fletcher.

  • Further Reading

    Husak, Douglas. “Varieties of Strict Liability.” Canadian Journal of Law & Jurisprudence 8 (1995): 189.

    Knoll, Mark, and Singer, Richard. “Searching for the ‘Tail of the Dog’: Finding Elements of Crimes in the Wake of McMillan v. Pennsylvania.” Seattle University Law Review 22 (1999): 1057.

    Levinson, Laurie. “Good Faith Defenses: Reshaping Strict Liability Crimes.” Cornell Law Review 78, no. 3 (1993): 401.

    Michaels, Alan. “Constitutional Innocence.” Harvard Law Review 112, no. 4 (1999): 828.

    Priester, Benjamin. “Further Developments on Previous Symposia: Sentence for a ‘Crime’ the Government Did Not Prove: Jones v. United States and the Constitutional Limitations of Factfinding by Sentencing Factors Rather Than Elements the Offense.” Law & Contemporary Problems 61 (1998): 249.

    Sayre, Francis. “Public Welfare Offenses.” Columbia Law Review 33, no. 1 (1933): 55.

    Simons, Kenneth. “When Is Strict Criminal Liability Just?” Journal of Criminal Law and Criminology 87 (1997): 1075.

    Singer, Richard. “The Resurgence of Mens Rea: III-The Rise and Fall of Strict Liability.” Boston College Law Review 30, no. 2 (1989): 327.

    Singer, Richard, and Husak, Douglas. “Of Innocence and Innocents: The Supreme Court and Mens Rea Since Herbert Packer.” Buffalo Criminal Law Review 2 (1999): 226.

    Wasserstrom, Richard. “Strict Liability in the Criminal Law.” Stanford Law Review 12 (1960): 731.

    Wiley, John. “The New Federal Defense: Not Guilty by Reason of Blamelessness.” Virginia Law Review 85, no. 5 (1999): 1021.

    Strict liability in Law Enforcement

    Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of strict liability.

    Resources

    See Also

    • Law Enforcement Officer
    • Police
    • Law Enforcement Agency

    Further Reading

    Concept of Strict Liability in the context of Real Property

    A short definition of Strict Liability: Liability which does not require a finding of fault (negligence). Classic examples for land use are dynamiting and keeping wild animals. Modernly used in environmental contamination cases.

    Concept of Strict Liability in the context of Real Property

    A short definition of Strict Liability: Liability which does not require a finding of fault (negligence). Classic examples for land use are dynamiting and keeping wild animals. Modernly used in environmental contamination cases.


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