An analysis of how legal costs and social costs are affected within a society by the strict liability rule via a comparison with negligence.
1,365 words (approx. 5.5 pages) |
0 sources |
APA | 2008
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.
"Strict Liability" 15 January 2012. Web. 12 Feb. 2012. <http://www.academon.com/Comparison-Essay-Strict-Liability/105147>
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