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Overview

fault-based civil liability

Subject: Law

Civil liability is contrasted with criminal liability. Civil liability can be either for fault or regardless of fault (‘strict’). In civil law (tort law and contract law, for instance), ...

fault‐based civil liability

fault‐based civil liability   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
281 words

...‐based civil liability Civil liability is contrasted with criminal liability. Civil liability can be either for fault or regardless of fault (‘strict’). In civil law ( tort law and contract law , for instance), fault means either intention or negligence. In criminal law intention is further distinguished from (less culpable) recklessness ; but in civil law, ‘intention’ is typically used to include recklessness. Criminal law's finer discrimination makes allowance for the special stigma that attaches to liability and punishment for serious crime as...

fault-based civil liability

fault-based civil liability  

Reference type:
Overview Page
Subject:
Law
Civil liability is contrasted with criminal liability. Civil liability can be either for fault or regardless of fault (‘strict’). In civil law (tort law and contract law, for instance), fault ...
Romans

Romans   Reference library

Craig C. Hill and Craig C. Hill

The Oxford Bible Commentary

Reference type:
Subject Reference
Current Version:
2022
Subject:
Religion
Length:
30,053 words
Publisher:
Oxford University Press

...‘pursuit’ of law itself or the inability to ‘attain’ (‘catch up with’, Fitzmyer 1993 : 577 ) law that Paul faults. If the former, Paul might be saying that Israel's pursuit of ‘legal righteousness’ could not lead them to the law's true goal (as possibly in 10:4 ). If the latter, Paul might mean that Israel attempted but failed to live righteously according to the precepts of the law. In either case, succeeding verses make clear that the actual fault of the Jews is their unbelief in Christ, whom they insensibly overlooked ( 10:2–3 ), over whom they have...

Deuteronomy

Deuteronomy   Reference library

Christoph Bultmann and Christoph Bultmann

The Oxford Bible Commentary

Reference type:
Subject Reference
Current Version:
2022
Subject:
Religion
Length:
28,352 words
Publisher:
Oxford University Press

...human inability to fully understand the past ( 29:25–8 ) or the future ( 30:1–10 ). It may also refer to a concealed background of the Torah which would be irrelevant to obedience ( 30:11–14 ), or an interpretation in the light of Ps 19:12 (MT 19:13 ), which speaks of ‘secret faults’, might also be a possibility. NJPS reads: ‘Concealed acts concern the Lord our God; but with overt acts, it is for us and our children ever to apply all the provisions of this Teaching.’ ( 30:1–10 ) Hope for Future Restoration From the image of the land devastated by a curse,...

strict civil liability

strict civil liability  

Reference type:
Overview Page
Subject:
Law
Civil liability is contrasted with criminal liability; and strict liability is contrasted with fault‐based liability. Although not uncommon, strict criminal liability is much more controversial than ...
strict civil liability

strict civil liability   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
519 words

...civil liability Civil liability is contrasted with criminal liability; and strict liability is contrasted with faultbased liability. Although not uncommon, strict criminal liability is much more controversial than strict civil liability. Some think that it is wrong to punish people for conduct that may have been faultless. Others say that stigmatizing faultless conduct may reduce the social utility and force of the criminal law. By contrast, civil law is primarily concerned with reparation for harm, not with punishment ; and this shift of focus from the...

occupiers' liability

occupiers' liability   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
517 words

...liability In broad terms, ‘occupiers’ liability' refers to the law governing the civil liability of an occupier in respect of the physical state of his property, or other activities that he carries on or permits to take place there. More specifically (and for the purpose of what follows) it means the area of civil law governing the liability of an occupier of premises for injury or damage suffered by those who enter them. The basis of occupiers' liability in this sense is fault: the occupier is liable in tort (or in Scotland, delict) if the damage or...

civil liability, theories of

civil liability, theories of   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
1,564 words

...of strict liability remained and indeed still do so (eg in relation to liability for animals ). However, for the most part, theories of civil liability are preoccupied with the fault principle although certain liability rationales are more likely to favour a stricter liability standard. A number of justifications can be offered for faultbased civil liability . Fault, it is argued, is retributive, ie it facilitates retribution corresponding with the function of early forms of tort action to channel retributive impulses in an orderly way. Fault is also...

liability insurance

liability insurance   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
1,016 words

...core principles of tort law. Therefore there have been calls to replace tort by a state no‐fault compensation scheme (as in New Zealand), but there is currently little sign of the political will necessary to bring this momentous change about. Tort and liability insurance are set to continue their uneasy, symbiotic relationship. Jonathan Morgan See also: civil liability, theories of ; faultbased civil ...

Rylands v Fletcher

Rylands v Fletcher (1868)   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
507 words

...whether proof of any negligence was essential to success or whether there would be liability even without such proof. The ruling by the House of Lords , to which an appeal was taken, was that liability for the escape of the water was ‘strict’, that is it did not depend on proof of any negligence in the construction, or in the selection of the contractor. At this time the general idea that liability in civil claims for wrongs or torts should turn on proof of negligence, or fault, was gaining ground in the law. Negligence was taken to mean failure to take the...

environmental civil liability

environmental civil liability   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
697 words

...of pounds (dollars, euros, etc) at a single site. The most highly contested issues have concerned whether liability should be imposed for historic damage (which originated before the relevant statute was passed), whether the liability standard should be strict or faultbased, how liability is to be apportioned in cases involving multiple responsible parties, and the defences or other protections afforded to defendants under strict liability regimes. Other key questions have included: the clean‐up standards imposed; the value to be put on injured natural...

responsibility

responsibility   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
812 words

...for their own conduct. By contrast, states and corporations, as well as individuals, can be legally liable; and in law, vicarious liability can be imposed on employers for the conduct of employees. Peter Cane P Cane , Responsibility in Law and Morality (Oxford: Hart Publishing, 2002) See also: attempts, conspiracy and incitement ; criminal liability without fault ; faultbased civil liability ; faultbased criminal ...

regulatory offences

regulatory offences   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
898 words

...rather than the chances of incurring a regulatory fine. In such instances there is a strong case for using controls other than liabilities for regulatory offences—such as compulsory insurance requirements or licensing mechanisms that involve the screening of entry to an industry or activity. Rob Baldwin See also: criminal liability without fault ; corporate criminal liability ; enforcement ; strict criminal ...

tort system

tort system   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
1,476 words

...on Civil Liability and Compensation for Accident Compensation (known as the ‘Pearson Report’). The Report concluded that compensation for personal injury was best served via the promotion of a ‘mixed system’ in which tort, social insurance, and private insurance all played a part. Interpreting its brief narrowly (eg to exclude from its remit any consideration of the merits or demerits of a general no‐fault accident scheme such as New Zealand's) the Report broadly endorsed a faultbased approach to tort liability, favouring an extension of strict liability in a...

Vicarious Liability

Vicarious Liability   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
2,963 words

...the principle he referred to the Roman liability of the publicanus . This demonstrates how the modern principle of vicarious liability was developed during the period of ius commune by a collective process of generalizing special instances of liability for others derived from Roman law. Article 2049 of the Italian Codice Civile is almost identical to the French law. The position in section 831 of the German Civil Code, in contrast, was influenced by the pandectist doctrine of “no liability without fault,” which prevailed in the period of liberalism...

animals, liability for

animals, liability for   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
519 words

...The immunity only remains in a number of Commonwealth jurisdictions (that is, Queensland, Western Australia), presumably as it is thought the requirement to consider fencing is incompatible with the size of many landholdings. Mark Lunney See also: negligence in civil law ; strict civil ...

GMOs

GMOs   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
521 words

...the idea of a compensation or ‘redress’ fund has been mooted, eg by the Department for Environment, Food, and Rural Affairs ( Consultation on proposals for managing the coexistence of GM, conventional and organic crops , July 2006 ). Mark Lunney See also: faultbased civil liability ; negligence in civil...

prospectus

prospectus   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
503 words

...civil or criminal sanctions and liability may apply in relation to misleading or deceptive statements or material omissions in a prospectus, and an investor who has suffered loss in reliance on a defective prospectus may be entitled to compensation. Depending on the scope of the relevant prospectus liability regime, a range of persons, including the company, its directors, underwriters, advisers, and experts, may potentially be liable for misstatements and omissions in the prospectus. Some prospectus liability regimes are faultbased; others are...

trespass, case and negligence

trespass, case and negligence   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
852 words

...liability remained, and in many areas, legal doctrine centred on protecting historically defined interests rather than preventing blameworthy conduct. Furthermore, the rise of insurance in the twentieth century put in question the focus on moral fault which lay behind many nineteenth‐century developments. Michael Lobban D J Ibbetson , A Historical Introduction to the Law of Obligations (Oxford: Oxford University Press, 1999) S F C Milsom , Historical Foundations of the Common Law (London: Butterworths, 2nd edn, 1981) See also: faultbased civil...

Negligence

Negligence   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
1,987 words

...but continued to develop. The Law before 1800. From the middle of the fourteenth century, actions in tort at common law were distributed between the action of trespass and the action on the case. In both of these liability was effectively based on fault in some form, although the two actions were structured very differently. The role of fault is most clear in the action on the case. Here the plaintiff would describe the facts he alleged had occurred, claiming that the defendant's conduct had caused him loss, and beg the court for a remedy. The statement of...

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