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Stacy 發問時間: 社會與文化語言 · 1 0 年前



"Discuss the merits of Strict Liability lawsuits and why we have the laws."







2 個解答

  • 1 0 年前

    應該是"討論嚴格責任訴訟的貢獻,和我們為何必須有這個法律?"關於一些簡易罪行,違法的事件發生了,不論違法者是否故意違法,或者是否已採取預防措施或謹慎行事,違法者對其所犯的罪行仍必須負上法律責任,稱為嚴格責任又稱為絕對責任absolute liability,譬如一些醫療糾紛,在城市裡使用炸藥或馬戲團的動物跑出來傷人等公共危險罪,無論犯者為故意或無意,皆須負擔責任謂之,有這個法律的目的在於保護善意第三人不受傷害的精神。

    Strict liability is a legal doctrine that makes some persons responsible for damages their actions or products cause, regardless of any "fault" on their part.

    Strict liability often applies when people engage in inherently hazardous activities, such as doing "blasting" in a city, or keeping wild circus animals. If the blasting damages you -- no matter how careful the blasting company was -- it is liable for the injury. Similarly if the animals escape and injure someone, the fact that the circus used the world's strongest cages and the highest standard of care imaginable will not let it get off the hook.

    Strict liability also may apply in the case of certain manufactured products. In strict product liability, typically anyone who is engaged in the stream of commence of the product (from the manufacturer to the wholesaler to the retailer, or all of them) can be held responsible if the product was defective and someone was injured. There is no need to prove negligence but the injured party must prove that the product was defective.

    Defective products may be the result of bad manufacturing for the failure to provide adequate instructions for the use of the product. Those engaged in the stream of commerce with respect to products should reasonably foresee that some people will misuse the product and should design the product so that injury does not occur.

    Disclaimers and waivers of liability for products are often invalidated by courts as against public policy (courts should not condone the manufacture and distribution of defective products) and typically warranties are limited so that manufacturers and retailers are held responsible for personal injuries caused by the use of the product.

    參考資料: ...........
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  • 1 0 年前


    參考資料: ME
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