John Gardner, ‘Some Rule-of-Law Anxieties About Strict Liability in Private Law’

Abstract:
This paper deals with the place of the ideal of the rule of law in evaluating doctrines of private law, especially the law of torts. The issue is played out in some debates about strict tort liability. I discuss some objections to strict tort liability that treat such liability, or certain explanations of such liability, as objectionable on rule-of-law grounds. I find them inconclusive. In particular I argue that those who interpret strict tort liability as a way of attaching costs to activities do not thereby cast any doubt on the view that strict tort liability is strict liability for torts, i.e. for legal wrongs.

Gardner, John, Some Rule-of-Law Anxieties About Strict Liability in Private Law (May 24, 2013). Oxford Legal Studies Research Paper No. 63/2013.

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