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Rylands v. Fletcher

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The Jewel In The Crown: Can India’S Strict Liability Doctrine Deepen Our Understanding Of Tort Law Theory?, Deepa Badrinarayana Dec 2016

The Jewel In The Crown: Can India’S Strict Liability Doctrine Deepen Our Understanding Of Tort Law Theory?, Deepa Badrinarayana

Deepa Badrinarayana

The evolution of tort law in former British colonies is not only fascinating; it also holds clues into the age old question of whether law or any discrete area of law can be universal. The exploration into doctrinal divergences and convergences is part of a larger quest: to capture the theoretical underpinnings of tort law and, in that process, discover the universal core of tort law, if there is one. For example, is the central purpose of tort law efficient resource allocation, corrective justice, or simply a compensatory system for wrongs? To answer these questions, theorists have generally considered tort …

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The Idea Of Fairness In The Law Of Enterprise Liability, Gregory C. Keating Mar 1997

The Idea Of Fairness In The Law Of Enterprise Liability, Gregory C. Keating

Michigan Law Review

The theory and practice of enterprise liability are oddly disjoined. On the one hand, case rhetoric insists that considerations of fairness are among the primary justifications for imposing enterprise liability. On the other hand, normatively inclined and theoretically ambitious scholarship on enterprise liability is overwhelmingly economic in cast. Economically inclined scholars have flocked to the field, while other kinds of tort theorists have shunned it, implicitly or explicitly conceding it to economic analysis. This paper argues that, contrary to this consensus, there is a powerful and important fairness case to be made for enterprise liability. This case fits the rhetoric …

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Toxic Torts - Is Strict Liability Really The "Fair And Just" Way To Compensate The Victims?, Dennis R. Honabach Jan 1982

Toxic Torts - Is Strict Liability Really The "Fair And Just" Way To Compensate The Victims?, Dennis R. Honabach

University of Richmond Law Review

The EERA, as proposed, would have declared the manufacture, use, transportation, treatment, storage, and release of hazardous substances to be ultrahazardous activities. It would have imposed joint, several and strict liability on the generator as well as the transporter or disposer of hazardous substances unless the discharge, release or disposal in question was caused solely by an act of God or act of war.

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