absolute liability


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absolute liability

a phrase to describe a case where liability attaches to a person on the happening of a given condition and despite any care that that person may have taken and despite any facts suggesting the happening was outside human foresight. It appears in some statutory crimes and civil duties.
References in periodicals archive ?
Known colloquially as the Scaffold Law, the statute imposes absolute liability upon owners and general contractors when workers sustain gravity related injuries, without regard to their contributing fault.
Legally, the concept of absolute liability will not usually apply.
It imposes a nondelegable, absolute liability on owners and general contractors for construction-related injuries, even though the liable party does not perform the work, supervise the work, or employ the injured worker.
He said he rated Mario's ability - but called him an absolute liability.
It suggests imputing absolute liability to corporate officers, relative to their degree of knowledge and control, by way of class-based administrative monetary penalties on the basis that such penalties would align the costs of liability with those best-positioned to avoid it, and thereby realign corporate incentives.
A The motoring offence of using a motor vehicle without a vehicle excise licence is an offence of absolute liability, punishable by way of a fine.
This absolute liability rendered it almost impossible for someone to defend against such charges.
1) According to this doctrine, strict liability may be viewed as a halfway house between mens rea (where the prosecution is required to prove fault or the requisite mental element beyond reasonable doubt, as is the case for all criminal offences) and absolute liability (where there is no fault requirement, and proof of the proscribed act, or actus reus, leads to a finding of guilt).
Bhushan said the principle of absolute liability and the polluter pays principle formulated by the SC did not recognise any limit to liability.
He shouldn't have to re-establish Labour''s credentials - apart from apologising for his party''s wrecking of the economy and absolute liability over immigration.
He looked an absolute liability before last season, then came back a totally different player before getting injured (with what might be his last match for us, against Leeds last season, being one of the best individual displays by a Coventry player last season).
If the Oireachtas is to enact legislation to reinstate an offence of absolute liability, it can only do so after a constitutional amendment approved by the people at referendum.