Naslov
Exoneration from strict civil liability for damages awarded for harm caused by dangerous objects and activities

Autori
Lucić, Nataša

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
Contemporary Legal and Economic Issues IV

Urednik/ci
Barković Bojanić, Ivana ; Lulić, Mira

Grad
Osijek

Godina
2013

Raspon stranica
121-134

ISBN
978-953-6072-72-9

Ključne riječi
strict liability, damages, exoneration from liability, dangerous objects, dangerous activity

Sažetak
Strict liability in civil cases is liability comprising obligation for damages regardless of the fault of the injurer. In other words. the injurer shall be obliged to compensate the damage regardless of his fault. The mere fact that he has caused the damage, is a sufficient reason for his liability but fault is not a key element. The question arises if and in which cases the injurer can be exonerated from strict liability. The paper deals with the possibilities of exoneration from strict liability for damages for harm caused by dangerous objects and activities. The paper conveys a systematic survey of legal norms in particular texts including provisions on exoneration from strict liability for damages awarded for harm caused by dangerous objects and activities, as well as an analysis of exoneration possibilities in a number of legal texts. The paper also deals with certain distinctions in particular legislation. it comments on conflict between general law (lex generalis) and specific law (lex specialis) and it also suggests tort legislation harmonisation. The paper also indicates the need for possible amendments of the applicable legislation governing this complex legal area.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

Napomena
The book is published every two years. It is indexed in the EBSCO Publishing (USA) an ProQuest Research Library (USA).

POVEZANOST RADA