Absolute liability

Abstract: Professor Al.L. Epstein: Foreword. Introduction. 1: Accident and absolute liability in anthropology. 2: Talking with and through accident. 3: Questions of intent and the intent of questions. 4: Synergy and ideology in the linguistic structuring of 'murder' and 'misfortune'. 5: Fate and fortuity: perspectives on 'mind' and 'person'. 6: Transcript

Abstract: In this study theories which perceive the law's main goal to be instrumental in wealth creation, in the sense that legal rules should be formulated so as to be conducive to efficiency (and hence increase the wealth of a society), will be contrasted with perceptions of law as the continuous balance between political choices whose purpose is to advance justice, including distributive justice, as equality. These values are recognized, not as prudential or utilitarian, but as categorical. An apparent characteristic of doctrines which perceive the role of law as enhancing wealth in that they necessarily accept, as given, the contemporary values of distributive justice. In addition to this Panglossian quality, they have also raised doubts regarding welfare theories of social cost, “externalities” which provide the bedrock foundation of emerging theories of liability for harms due to scientific and technological innovations. These critics of social cost theories question the attribution of causation, and thus of costs, as a matter of logical or social necessity to any enterprise or conduct. Their question is “what is a cost of what activity?” This has been paraphrased, for example by Calabresi, as: “Is a pedestrian-auto accident to be attributed to driving or walking?” The welfare economists, in opposition to this relativism, argue that protean “transaction costs”, or “information costs” justify intervention in the name of amelioration. In this way the legislatures and the judges are called upon to intervene in the name of that same efficiency which was also standard to the conservative opponents of strict and absolute liability.

Abstract: PART I: NATIONAL LAW 1. The Dilemma and its Solutions 2. The Leipzig Trials PART II: INTERNATIONAL THEORY 1. The Manifest Illegality Principle and the Personal Knowledge Principle 2. The Doctrine of Respondeat Superior 3. The Doctrine of Absolute Liability 4. The Mens Rea Principle PART III: INTERNATIONAL LEGISLATION, 1919-1945 1. Initial Irresolution 2. The Negation of the Plea of Obedience to Superior Orders PART IV: THE CASES 1. Trials before International Tribunals 2. Trials before National Courts PART V: INTERNATIONAL LEGISLATION SINCE 1946 1. Doubts and Vacillations 2. The Work of the International Law Commission Conclusions

Abstract: PRODUCTS liability has entered the domain of the marketing manager.' Yet, it is possible that the scope of products liability, especially strict liability, is not clearly understood by marketing practitioners. In a recent informal survey of the authors' colleagues, it was discovered that the concept of strict liability was perceived to range from mere "negligence" to "uncompromising responsibility for a manufacturer's actions that result in injury to the consumer." The latter phrase is particularly disturbing since it connotes absolute liability; to the extent that the marketer believes there is virtually nothing he can do when confronted with a products liability situation, he may be closing out certain options in his efforts to avoid the consequences of a products liability action. While it is apparent that marketers are required to foresee more and more unusual or unintended uses, there remain a number of unanswered questions as to just how far-reaching the concept of products liability is for the marketing manager and what is expected of him. Therefore, this article addresses itself to three questions: (1) To what extent is a marketer expected to foresee misuse or abnormal use of a product? (2) Does a consumer's abuse of a product preclude a products liability claim by him? and (3) How might products liability actions be avoided or forestalled by focusing on alternatives within the discretion of the marketing manager?