Strict Liability

Paper Summary:

This paper presents a general framework that explores aspects of the law and then presents a comprehensive analysis to highlight how aspects of strict liability affect activities related to optimal care levels and most importantly how strict liability relates to negligence.

Table of Contents:
Abstract
Introduction
Example 1
Example 2
Example 3
The Efficiency of Strict Liability: Negligence versus Strict Liability
Negligence versus Strict Liability: Legal, Economic, and Social Perspectives

From the Paper:

"There is however, arguments that strict liability as a criminal process can lead to an unbalanced and unfair legal system, since it imposes guilt without due process. Is this a violation of individuals Constitutional Right and is imposing some social value or process on their activities or behavior? A typical example in many US is related to statutory rape - that is, this is considered a strict liability offence in many states. That is, not knowing the actual age of a minor is irrelevant in many states and the accused can be prosecuted and convicted irrespective of the details behind the case."

Sample of Sources Used:

• Bailyn, E. (n.d.). Strict liability. Choose Law Articles. Retrieved August 21, 2007, from http://articles.chooselaw.com/general/view/Strict-Liability.283.html
• Dopuch, N. & King, R. (1992, January). Negligence versus strict liability regimes in auditing: An experimental investigation, The Accounting Review, 67(1), 97-120.
• Grady, M. (1983). A new positive economic theory of negligence. Yale Legal Journal, 22(92), 799-803.
• Newman, H. & Wright, D. (1990, December) Strict liability in a principal-agent model. International Review of Law and Economics, 10(3), 219-231.
• Shavall, S. (1980). Strict liability versus negligence. Journal of Legal Studies, 1(9), 2-3.

More papers on Strict Liability:

• Term Paper # 134624 : "Strict Liability"
• Analytical Essay # 105241 : "Criminal Liability and Defenses"
• Essay # 52194 : "Product Liability and Implied Warranty"

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