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searching for Absolute liability 20 found (153 total)

Paradine v Jane (819 words) [view diff] exact match in snippet view article find links to article

[1647] EWHC KB J5 is an English contract law case which established absolute liability for contractual debts. This action grew out of the English Civil War

Scaffold Law (New York) (494 words) [view diff] exact match in snippet view article

New York State. New York State is the only state that imposes an absolute liability penalty in gravity-related injury cases (Illinois repealed their similar

Mistake (criminal law) (1,585 words) [view diff] exact match in snippet view article

distinguishes between offences of strict and absolute liability. Mistake of fact is unavailable in respect to absolute liability offences. The Australian federal

Mens rea (6,281 words) [view diff] exact match in snippet view article find links to article

crimes that are legislatively proscribed due to the imposition of "absolute liability." Strict liability crimes will require evidence of such legislative

Recklessness (law) (3,325 words) [view diff] exact match in snippet view article

intention, but more culpability than criminal negligence. There are also absolute liability offenses such as speeding. These do not require a guilty mind and

Autobahn (11,200 words) [view diff] exact match in snippet view article find links to article

cover); courts have ruled that an "ideal driver" who is exempt from absolute liability for "inevitable" tort under the law would not exceed the advisory

Vicarious liability (criminal) (1,372 words) [view diff] exact match in snippet view article

supplied minors with alcohol. The offence became one of strict or absolute liability when applied vicariously because of the need to protect weak and vulnerable

Taylor v Caldwell (659 words) [view diff] exact match in snippet view article find links to article

remain with the defendants. Blackburn J reasoned that the rule of absolute liability only applied to positive, definite contracts, not to those in which

Henningsen v. Bloomfield Motors, Inc. (1,019 words) [view diff] exact match in snippet view article find links to article

liability, the case never actually imposes "strict liability" or "absolute liability" for defective products. Kiely, Terrence F.; Ottley, Bruce L. (2006)

Frustration of purpose (972 words) [view diff] exact match in snippet view article find links to article

contract was impossible to perform, Judge Blackburn held that the absolute liability set forth in Paradine v Jane would not apply here, as there was an

R v Stevens (582 words) [view diff] exact match in snippet view article find links to article

Code provision contravened section 7 of the Charter by creating an absolute liability offence with the possibility of imprisonment. Wilson further found

Frustration in English law (2,584 words) [view diff] exact match in snippet view article find links to article

contract was impossible to perform; Judge Blackburn stated that the absolute liability set forth in Paradine v Jane would not apply in the instant case,

Alfred Robens, Baron Robens of Woldingham (2,934 words) [view diff] exact match in snippet view article find links to article

19th-century case of Rylands v Fletcher which meant that the Board had absolute liability for damage caused by a 'dangerous escape' of material. Conversely

The Death of Contract (1,879 words) [view diff] exact match in snippet view article find links to article

Historically, there are examples of “exceptions” carved out even under absolute liability assumptions, thus almost always providing for what would be perceived

R v Tutton (1,519 words) [view diff] exact match in snippet view article find links to article

objective standard for criminal negligence, in essence, constitutes an absolute liability offence, where conviction flows from proof of conduct which reveals

Gold Coast Hotel & Casino v. United States (1,119 words) [view diff] exact match in snippet view article find links to article

Hughes Properties, Inc., the court found that "[t]he existence of an absolute liability is necessary; absolute certainty that it will be discharged by payment

John White (jurist) (1,233 words) [view diff] case mismatch in snippet view article

on many committees. In 1963, he was a member of the Committee on Absolute Liability. He was a member of the Council of Law Reporting and of the Law Revision

Southern Pacific Co. v. Jensen (1,709 words) [view diff] exact match in snippet view article find links to article

separate dissents. Holmes contended that the state law prescribed absolute liability and that the issue to be decided was the effect of federal jurisdiction:

List of landmark court decisions in the United States (19,032 words) [view diff] exact match in snippet view article find links to article

Court justice Roger Traynor who stated "that a manufacturer incurs an absolute liability when an article that he has placed on the market, knowing that it

Worldwide usage of police dogs (3,378 words) [view diff] exact match in snippet view article find links to article

property in Canada. As such, developing case law is moving towards absolute liability for the handlers of animals deliberately released to intentionally