Tort law deals with the compensation of damage that originated outside a contractual context. Sometimes liability for damage is shifted: somebody else than the person who suffered the damage in the first place must bear the costs. If the liability shift is based on wrongful behavior, we speak of fault liability. Liability shift without wrongful behavior is called “strict liability”. This chapter discusses both fault liability and strict liability, their conditions and their justification. Special attention is devoted to the policy underlying this liability shift, and to the legal mechanisms by means of which this policy is realized.keywordsfault liabilitystrict liabilityliability shiftslearned hand formuladraft common frame of reference (dcfr)these keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.
|Title of host publication||Introduction to law|
|Editors||J. Hage, A. Waltermann, B. Akkermans|
|Place of Publication||Cham|
|Number of pages||20|
|Publication status||Published - Aug 2017|