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Full-Text Articles in Law
Toward The Search For The Proper Liability Rule For Harms Resulting From Sources Of Risk: A Different Approach To The Choice Between Strict Liability And Fault-Based Regime, Wen-Hsuan Yang
Maurer Theses and Dissertations
An important issue in Taiwan today concerns the rising tension between strict liability and negligence. Article 191-3 of the Civil Code of Taiwan imposes a fault-based standard of liability on persons conducting dangerous activities. On the other hand, the majority of scholars believe that to afford greater protection, this rule should be changed into a strict liability rule.
Traditionally, three arguments make it preferable to impose strict liability under certain circumstances. First, strict liability induces more safety incentives on the part of the defendant. Second, fairness requires that one who benefits from conducting dangerous activities should bear the risk of …
Tort Law And The Demands Of Corrective Justice, Jules L. Coleman
Tort Law And The Demands Of Corrective Justice, Jules L. Coleman
Indiana Law Journal
No abstract provided.
Comment On Coleman: Corrective Justice, Stephen R. Perry
Comment On Coleman: Corrective Justice, Stephen R. Perry
Indiana Law Journal
No abstract provided.
Toward A Test For Strict Liability In Torts, Jon T. Hirschoff, Guido Calabresi
Toward A Test For Strict Liability In Torts, Jon T. Hirschoff, Guido Calabresi
Articles by Maurer Faculty
No abstract provided.