法律英语词汇“strict liability”的翻译、意思、用法、释义-法律词典

单词

strict liability

释义

strict liability

strict liability 1. in TORT and DELICT, liability without proof of fault,

i.e. that the mere happening of a proscribed event incurs liability but always subject to certain defence. The defence recognised in com- mon law cases are: (i) act of the Queen's enemies; (ii) ACT OF GOD, or in Scotland damnum fatale; (iii) the intervention of a third party. English law has historically supported many instances of strict lia- bility, as did (and still, to an extent, does) Scots law. Some UK legis- lation imposes forms of strict liability that sometimes, because of the absence of defence, goes as far as to be appropriately described as ABSOLUTE LIABILITY. In English law the main instances are liability for NUISANCE, non-natural user of land under the doctrine established in Rylands v. Fletcher, the escape of fire and, at common law, for wild animals (FERAE NATURAE). In Scotland it has recently been established that neither nuisance nor non-natural user are instances of strict lia- bility but are instead governed by the concept of FAULT, with the exception, until the matter comes up for decision, of the diversion of the course of a natural stream: RHM Bakeries v. SRC 1985 SLT 214. Liability is still strict in matters covered by the Praetorian edict in respect of innkeepers, carriers and stable-keepers, although both in Scotland and in England the hotel proprietor, as defined, is given some exemptions from the rigours of strict liability, as indeed is the carrier. The UK has two main schemes of strict liability – for ANIMALS and for DEFECTIVE PRODUCTS. There are three others, less commonly invoked:

(1) in respect of nuclear occurrences under the Nuclear Installations

Act 1965;

(2) oil pollution under the Merchant Shipping (Oil Pollution) Act 1971;

(3) regular pollution under the Control of Pollution Act 1974.

370

subinfeudation

2. in CONTRACT. Generally, liability in contract is to perform to the letter of the contract, so liability is often said to be strict. However, the parties may expressly or by implication have agreed that, for example, only reasonable care ought to be exercised. The doctrine of FRUSTRATION operates to free a party in certain cases from the oblig- ation.

3. in criminal law, strict liability is an exception to the general rule of liability, which usually demands that it is essential to show MENS REA. However, many statutory crimes and offences do not require this, particularly those under the Road Traffic Acts. Again, some of these offences in the absence of defence or provisions amount to absolute liability.

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