Strict liability in the context of "Vicarious liability"

⭐ In the context of vicarious liability, strict liability is considered…

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⭐ Core Definition: Strict liability

In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant.

Under the strict liability law, if the defendant possesses anything that is inherently dangerous, as specified under the "ultrahazardous" definition, the defendant is then strictly liable for any damages caused by such possession, no matter how carefully the defendant is safeguarding them.

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👉 Strict liability in the context of Vicarious liability

Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, respondeat superior, the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the "right, ability, or duty to control" the activities of a violator. It can be distinguished from contributory liability, another form of secondary liability, which is rooted in the tort theory of enterprise liability because, unlike contributory infringement, knowledge is not an element of vicarious liability. The law has developed the view that some relationships by their nature require the person who engages others to accept responsibility for the wrongdoing of those others. The most important such relationship for practical purposes is that of employer and employee.

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Strict liability in the context of English criminal law

English criminal law concerns offences, their prevention and the consequences, in England and Wales. Criminal conduct is considered to be a wrong against the whole of a community, rather than just the private individuals affected. The state, in addition to certain international organisations, has responsibility for crime prevention, for bringing the culprits to justice, and for dealing with convicted offenders. The police, the criminal courts and prisons are all publicly-funded services, though the main focus of criminal law concerns the role of the courts, how they apply criminal statutes and common law, and why some forms of behaviour are considered criminal.

There is no English Criminal Code though such an instrument has been often recommended and attempted. Criminal offences are set out in disparate legislative provisions and in common law. The fundamentals of a crime are a guilty act (or actus reus) and a guilty mental state (or mens rea). The traditional view is that moral culpability requires that a defendant should have recognised or intended that they were acting wrongly, although in modern regulation a large number of offences relating to road traffic, environmental damage, financial services and corporations, create strict liability that can be proven simply by the guilty act.

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Strict liability in the context of Conversion (law)

Conversion is an intentional tort consisting of "taking with the intent of exercising over the chattel an ownership inconsistent with the real owner's right of possession". In England and Wales, it is a tort of strict liability. Its equivalents in criminal law include larceny or theft and criminal conversion. In those jurisdictions that recognise it, criminal conversion is a lesser crime than theft/larceny.

Examples of conversion include: 1) Atamba cuts down and hauls away trees on land s/he knows is owned by Tonny, without permission or privilege to do so; and 2) Anthony takes furniture belonging to Delta and puts it into storage, without Delta's consent (and especially if Delta does not know where Anthony put it). A common act of conversion in medieval times involved bolts of cloth that were bailed for safekeeping, which the bailee or a third party took and made clothes for their own use or for sale.

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Strict liability in the context of Negligence per se

Negligence per se is a doctrine in US law whereby an act is considered negligent because it violates a statute (or regulation). The doctrine is effectively a form of strict liability.

Negligence per se means greater liability than contributory negligence.

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LINKED FROM (PARENTS)
← Vicarious liability ← English criminal law ← Conversion (law) ← Negligence per se
LINKS TO (CHILDREN)
Criminal law → Civil law (common law) → Public liability → Tort → Mens rea →