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- There is strict liability in tort where the person is made liable independent of fault or negligence upon submission of proof of certain facts. Under the New Civil Code of the Philippines, negligent tort is governed mainly by Article 2176.
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Mar 13, 2016 · Strict liability is a legal term referring to the holding of an individual or entity liable for damages or losses, without having to prove carelessness or mistake. The doctrine of strict liability is commonly applied to cases involving defective products.
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- Article 1314; strict tort against inducers. Any third person who induces another to violate his contract shall be liable for damages to the other contracting party.
- Article 1711; strict tort against employers. Owners of enterprises and other employers are obliged to pay compensation for the death of or injuries to their laborers, workmen, mechanics or other employees, even though the event may have been purely accidental or entirely due to a fortuitous cause, if the death or personal injury arose out of and in the course of the employment.
- Article 1712; strict tort against fellow workers with solidary liability against employers. If the death or injury is due to the negligence of a fellow worker, the latter and the employer shall be solidarily liable for compensation.
- Article 1723; strict tort against engineers and architects. The engineer or architect who drew up the plans and specifications for a building is liable for damages if within fifteen (15) years from the completion of the structure, the same should collapse by reason of a defect in those plans and specifications, or due to the defects in the ground.
Aug 19, 2024 · A strict liability tort is a legal doctrine where a party is held liable for damages caused by their actions or products, irrespective of intent or fault. Unlike negligence, where the injured party must prove a breach of duty, or intentional torts, where intent to cause harm is essential, strict liability focuses solely on the occurrence of damage.
Jun 5, 2016 · The fundamental components of modern tort law are strict liability and negligence. The focus of this chapter is strict liability, as developed in Rylands v. Fletcher. As in the previous chapter, I will continue to develop a functional account of tort doctrine.
- Keith N. Hylton
- 2016
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.
8. LIABILITY TO GUARDS AND THIRD PARTIES. The SECURITY COMPANY is NOT an agent or employees (sic) of the CLIENT and the guards to be assigned by the SECURITY COMP ANY to the CLIENT are in no sense employees of the latter as they arc for all intents and purposes under contract with the SECURITY COMPANY.
This chapter has three goals: first is to survey the various meanings that have been ascribed to the term ‘strict liability’; secondly, to show why such proliferation of meanings leads to conceptual confusion; and thirdly, to recommend a particular, ‘formal’ sense of strict liability as the meaning that should be preferred.
