Clive Garner says there are rules of strict liability in environmental cases like this.
The country passed strict liability laws in 2009 that negate the need for proof of fault in liability claims involving biosafety.
For the first time in my career I doubt that it is fair to apply the strict liability rule in these cases.
The fact they've escaped is enough to prove strict liability.
The first thing to note is that in the Common Law jurisdictions (largely, but not exclusively, the English speaking world) possession of such vileness is a strict liability offense.
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Lower courts rejected Hastings' claims against Sauve as well as William Delarm and Albert Williams, presumed owners of the cow, applying the strict liability standard for domestic animals that inflict injuries.
Strict liability crimes are those for which an individual may be charged and convicted even in the absence of proof that he knew what he was doing and that he was violating the law.
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The law's strict liability provisions could be interpreted as requiring drillers to treat a mine discharge in perpetuity once they begin withdrawing water from it, even though they had no role in creating it.
No Fault Compensation merely means, as I understand it, that you replace the need to show fault with some kind of strict liability but you still have to go to court, you have to sue, you have to prove things called causation.
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The FDCPA is a strict-liability statute whose primary remedy lies in civil action.
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But in everything except the strict accounting sense of the word Mr Ashcroft has become a liability.
If the Court's strict constructionists are to be intellectually honest in their interpretation of the meaning of "scheme" liability in StoneRidge next week, it would prove a revolutionary milestone in the saga of investor rights.
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