A Positive Theory of Strict Liability

Preemption and Products Liability : a Positive Theory

In a large number of products liability lawsuits, sellers assert that plaintiffs’ claims should be rejected because their products fall under some federal regulatory regime, and that the regulatory statute takes precedence over or “preempts” state tort law. This paper is an attempt to set out a positive theory of the doctrine on preemption of products liability claims. The federal case law is l...

The Case Against Strict Liability

strict liability; foundations and instances

strict liability is the result of philosophical ideas of lawyers in front of developments in human knowledge and complexity of social relationships. strict liability the main aim is facilitation of victim's compensation, so the proof of fault is not necessary and causation is sufficient. this type of liability is justified by various foundations of economics, society and morality. in the b...

Pollution Externalities: Social Cost and Strict Liability

This paper critically considers the neoclassical social-cost approach to problems of pollution. This traditional approach, when subjected to close scrutiny, is found to be seriously wanting in applicability and consistency. A less ambitious alternative based on notions of strict liability is offered. The social-cost approach is an offshoot of the “new welfare economics~’developed during the las...

Strict versus Negligence Software Product Liability

The law of products liability in tort is designed to maintain a reasonable balance between the inevitable social costs and the benefits of innovative product technologies. Technological development must be supported not only for the best interests of the public but also the side effect namely product defect into one of the following: (1) manufacturing defect; failures to correctly implement saf...