The Common Law: Vicarious Liability and the Development of Primary Liability UNLESS THE TERMS OF THE STATUTE INVOLVED SPECIFICALLY PROVIDE TO the contrary, the criminal responsibility of a company or corporation, as distinct from its officers or employees, falls to be determined by common law principles. Under original common law, a company could not be convicted for any criminal offence. The c...

there are three elements to identify the responsibilities of each party, loss, harmful act, and causality relation between the act and losses is essential and in among these three elements the third element has special importance and lack of proof of this element carries lack of responsibility. finding this relationship in the presumption that agent of loss is inconclusive between specified per...

In the traditional model of the law and economics of torts, harm accrues proportional to use. This has the remarkable implication for products-generated torts that product performance concerns (e.g., issues of care and of liability for harm) can be considered independently of market performance concerns (e.g., market structure and competition). Moreover, the classical analysis finds that all li...

The subject of this research is the legal norms, doctrinal provisions and case law on conditions civil liability. relevance topic determined by tendency to expand list cases strict liability detected in comparison current Soviet legislation. However, principle observed legislator transferring from "regime fault liability" still a puzzle. For purpose systematicity legislation reasonable claim li...

Most crimes in America require that the defendant have mens rea, Latin for "guilty mind." However, mens rea is not legally required for strict liability crimes, such as speeding, for which someone is guilty even if ignorant or deceived about her speed. In 3 experiments involving participants responding to descriptive vignettes, we investigated whether the division of strict liability crimes in ...

Parties who cause harm to others may sometimes turn out to be ‘judgment proof,’ that is, unable to pay fully the amount for which they have been found legally liable.’ This possibility is an important and realistic one. Certainly individuals may readily be imagined to cause personal injury or property damage resulting in judgments that exceed their assets plus any liability insurance coverage; ...