Strict Liability: Legal and Economic Analysis
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About the Book
This volume presents a cogent analysis of the legal and economic consequences arising from expansion in the doctrine of strict liability and the corresponding decrease in the importance of proving fault. Vandall's goal is to illuminate the role of strict liability in the largely unheralded and informal development of the American compensation system. To this end, he examines and explains the widening of strict liability during the last 121 years, with particular emphasis on the past 29 years. Vandall begins with a historical overview of strict liability, arguing that the policies which have supported the growth of strict liability within products liability also support its application in other areas. By comparing and contrasting the U.S. and British compensation systems, he shows that the U.S. has been drawn towards the adoption of strict liability because it lacks socialized medicine. Subsequent chapters set forth various tests for strict liability and critique the negligence-efficiency theory. Turning to a discussion of contemporary practice, Vandall sets out the present scope of strict liability and asserts that a case can be made for the extension of strict liability far beyond the area of products liability. Finally, Vandall evaluates the reforms aimed at strict liability over the last ten years and concludes that the suggested return to negligence is unwarranted and not supported by facts.
Book Details
ISBN-13: 9780899303963
EAN: 9780899303963
Publisher Date: 06 Oct 1989
Bood Data Readership Text: Undergraduate
Gardner Classification Code: V01
Illustration: Y
LCCN: 89-3868
No of Pages: 195
PrintOnDemand: Y
Series Title: English
UK Availability: GXC
Year Of Publication: 1989
ISBN-10: 089930396X
Publisher: ABC-CLIO
Binding: Hardcover
Dewey: 347.306
Height: 230 mm
Language: English
MediaMail: Y
Pagination: 195 pages, black & white illustrations
Returnable: N
Spine Width: 20 mm
Width: 155 mm