The rule of Strict Liability laid down in Rylands vs Fletcher more than a century ago, has almost stood the test of … form of 'Absolute Liability' in the Oleum Gas Leak case of 1986. However, the applicability and correctness of that … practitioners and Tribunals in the country are still puzzled about the prevailing position of law and the practicality of these …

discusses the developing case law in tort on liability for climate damage, an implicit director’s duty of care, the challenges … system for carbon dioxide, but not other emissions. This leads to the question of whether liability for climate damage may … that such action faces in common law and civil law, and the reasons that these challenges can be overcome …

With the case of Lliuya v. RWE, climate change litigation has come to Germany. The article explores the German law of … liability, i.e. scope of protection, duty of care, breach of duty, regulatory compliance defense, are examined. Another … important category is the law of nuisance. As it turns out, the German of delict attaches many strings to a successful damages …

areas that pose emerging, and incompletely understood, health and safety risks, common law tort liability holds out the … dynamic, information-forcing role for common law tort liability in the realm of climate change litigation. In this model …This book chapter explores how common law (state or federal) tort law evolves to fill regulatory voids. Particularly in …

commercial operations. This paper calls for the application of civil liability rules to be a part of the governance mechanism of … that environment risk, and in particular, for the rule of strict liability to be applied …

A deeply entrenched principle in the law of fraud and negligent misrepresentation provides that damages can be …

Courts generally insist that two criteria be met before imposing strict liability rather than basing liability on the … negligence rule. The first--that the injurer's activity must be dangerous--is sensible because strict liability possesses general …-advised because it exempts all common activities from strict liability no matter how dangerous they are. Thus, the harm generated by …

Reasons for the joint use of ex ante regulation and ex post liability to cope with environmental accidents have been a … longstanding issue in law and economics literature. This article, which includes the first empirical study of the French … general trend toward a clear division of labour between regulation and liability: when both are jointly used, liability …

uncertainty problems in liability. A widely held view among Law & Economics scholars is that civil liability alone is not well … way to address causal uncertainty at the liability stage. We show that such increase in efficiency is mainly due to a … civil liability rule, it is therefore advocated that a regulatory system be implemented combined with a public insurance …