Idea of Strict Liability in Private Law

Authors

  • Jānis Kārkliņš

Keywords:

strict liability, fault, direct liability, objective liability, non-fault liability, liability for risk, presumption of fault, absolute liability, civil liability, exclusions of civil liability, source of increased danger, abnormally dangerous activity, fortuitous event (cas fortuit), causation, foreseeability, negligence

Abstract

The article contains analysis of several aspects of strict liability and the criteria of its application, providing an insight into this complex concept of liability. The article contains analysis and opinion about the meaning and the role of strict liability and its differences with other models of liability. The author also explores the role of fault in the strict liability doctrine, as well as causation as a fundamental question of strict liability. The examined issues are analysed from the standpoint of theoretical sciences, thus allowing other legal scholars to use the conclusions outlined in the article in their scientific work.

Author Biography

  • Jānis Kārkliņš

    Dr. iur. 
    Faculty of Law, University of Latvia
    Associate Professor at the Department of Civil Law

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Published

2017-10-10

Issue

No. 10 (2017): Journal of the University of Latvia. Law

Section

Articles

License

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

How to Cite

Kārkliņš, J. (2017). Idea of Strict Liability in Private Law. Journal of the University of Latvia. Law, 10, 175-199. https://journal.lu.lv/jull/article/view/170