Transplanting Diseases from Organ Donors in Western Europe: Fault Liability or Strict Liability?

Law Enforcement; a Function of Criminal Liability or Civil Liability

Despite the fact that in investigations and legal writings enough consideration has been paid to the founding principles and rules governing civil and criminal liability as well as damages of crime, the legal or disciplinary responsibility accompanying these two types of legal responsibilities has not been taken seriously into account and the people involved it - in particular, the authorities ...

The Case Against Strict Liability

Strict Liability versus Negligence in Indiana Harbor

In January of 1979, a railroad tank car containing the chemical acrylonitrile started leaking at a rail yard in south suburban Chicago. The chemical was manufactured by American Cyanamid Co (Cyanamid) in Louisiana. Cyanamid had leased the tank car, filled it with acrylonitrile, and delivered it to the Missouri Pacific Railroad for transport to the Chicago suburbs. The leak occurred while the ca...

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...

When is Strict Criminal Liability Just