Though this problem canbe solved by legislative measures as to introduce strict liability, it will be necessary to spend some amount of time to produce social agreement on the matter.
Like the strict liability imposed by the Stratton Oakmont court,liability upon notice reinforces service providers' incentives to restrict speech and abstain from self- regulation.
(2) Unless national law provides otherwise,additional categories of strict liability can be found by analogy to other sources of comparable risk of damage.
Whether based on negligence, contract, tort, strict liability, consumer protection law, or otherwise, and even if we or our Group Members have been advised of the possibility of such damages.
The court held Prodigy to the strict liability standard normally applied to original publishers of defamatory statements, rejecting Prodigy's claims that it should be held only to the lower“knowledge” standard usually reserved for distributors.
That includes ensuring that malicious intent is baked into laws from the beginning(“Criminal laws should clarify the definition of malicious intent or mens rea,and avoid turning general behaviors into strict liability crimes.”).
Regardless of the previous paragraphs, if BARBERTON is found to be liable for all damages, costs and/or losses(whether in contract, grievance, including but not limited to,negligence, strict liability or product liability), suffered by the User or any third party, is limited to the amount of USD 100.00.
They are asking the state-owned Tokyo Electric Power Co(TEPCO) for $10 million in compensatory damages, as well as another $30 million in punitive damages for fraud,negligence, strict liability, failure to warn, public and private nuisance and defective design, Courthouse News Service reports.
厳格責任」なんですね。
But it is'strict liability'.
(b)厳格責任あるいは過失責任に基づく責任の基準。
Standard of liability, including strict or fault-based liability;.
As Professor Prosser summarizes the rationale for the imposition of strict liability:"The problem is dealt with as one of allocating a more or less inevitable loss to be charged against a complex and dangerous civilization, and liability is placed upon the party best able to shoulder it.
They are seeking $10 million in compensatory damages and $30 million in punitive damages for fraud,negligence, strict liability, failure to warn, public and private nuisance, and defective design.
In no event will dakwak, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for.
The foregoing limitation of liability will apply in any action, whether in contract,tort or other claims(including negligence and strict liability) resulting from the performance or any failure to perform under these Terms, even if Phoenix has been advised of the possibility of such damages.
The remedies of the purchaser set forth herein are exclusive where so stated and the total cumulative liability of Sponge-Jet, Inc., its contractors and suppliers of any tier, whether in contract,in tort(including negligence or strict liability) or otherwise, shall not exceed the price of the product or part on which such liability is based.
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