Abstract
Tort law deals with the compensation of damage that originated outside a contractual context. Sometimes liability for damage is shifted: somebody else than the person who suffered the damage in the first place must bear the costs. If the liability shift is based on wrongful behavior, we speak of fault liability. Liability shift without wrongful behavior is called “strict liability”. This chapter discusses both fault liability and strict liability, their conditions and their justification. Special attention is devoted to the policy underlying this liability shift, and to the legal mechanisms by means of which this policy is realized.
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Recommended Literature
Van Dam C (2013) European tort law, 2nd edn. Oxford University Press, Oxford
Van Gerven W, Lever WJ, Larouche P (eds) (2000) Tort law, common law of Europe casebooks series. Hart Publishing, Oxford
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Hage, J. (2017). Tort Law. In: Hage, J., Waltermann, A., Akkermans, B. (eds) Introduction to Law. Springer, Cham. https://doi.org/10.1007/978-3-319-57252-9_6
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DOI: https://doi.org/10.1007/978-3-319-57252-9_6
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Publisher Name: Springer, Cham
Print ISBN: 978-3-319-57251-2
Online ISBN: 978-3-319-57252-9
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