Strict Liability in UK Law

Leading Cases
  • Attorney General v Times Newspapers Ltd
    • House of Lords
    • 11 Abr 1991

    One particular form of contempt by a party to proceedings is that constituted by an intentional act which is in breach of the order of a competent court. Where this occurs as a result of the act of a party who is bound by the order or of others acting at his direction or on his instigation, it constitutes a civil contempt by him which is punishable by the court at the instance of the party for whose benefit the order was made and can be waived by him.

  • Cambridge Water Company v Eastern Counties Leather
    • House of Lords
    • 09 Dic 1993

    Of course, although liability for nuisance has generally been regarded as strict, at least in the case of a defendant who has been responsible for the creation of a nuisance, even so that liability has been kept under control by the principle of reasonable user — the principle of give and take as between neighbouring occupiers of land, under which "

    Like the Judge in the present case (p. 50E), I incline to the opinion that, as a general rule, it is more appropriate for strict liability in respect of operations of high risk to be imposed by Parliament, than by the courts. If such liability is imposed by statute, the relevant activities can be identified, and those concerned can know where they stand. Furthermore, statute can where appropriate lay down precise criteria establishing the incidence and scope of such liability.

  • Read v J. Lyons & Company Ltd
    • House of Lords
    • 18 Oct 1946

    Every activity in which man engages is fraught with some possible element of danger to others. Experience shows that even from acts apparently innocuous injury to others may result. The more dangerous the act the greater is the care that must be taken in performing it. This relates itself to the principle in the modern law of torts that liability exists only for consequences which a reasonable man would have foreseen.

  • Cummings v Granger
    • Court of Appeal
    • 26 May 1976

    The Section is very cumbrously worded and will give rise to several difficulties in future. Those circumstances are "particular circumstances" within Section 2(2) (b). It was "due" to those circumstances that the damage was likely to be severe if an untruder did enter on its territory. Section 2(2)(c): Those characteristics were known to the keeper. It follows that the keeper of the dog is strictly liable unless he can bring himself within one of the exceptions in Section 5.

  • Smith New Court Securities Ltd v Scrimgeour Vickers (Asset Management) Ltd and Another
    • House of Lords
    • 21 Nov 1996

    But in cases where property has been acquired in reliance on a fraudulent misrepresentation there are likely to be many cases where the general rule has to be departed from in order to give adequate compensation for the wrong done to the plaintiff, in particular where the fraud continues to influence the conduct of the plaintiff after the transaction is complete or where the result of the transaction induced by fraud is to lock the plaintiff into continuing to hold the asset acquired. But in cases where property has been acquired in reliance on a fraudulent misrepresentation there are likely to be many cases where the general rule has to be departed from in order to give adequate compensation for the wrong done to the plaintiff, in particular where the fraud continues to influence the conduct of the plaintiff after the transaction is complete or where the result of the transaction induced by fraud is to lock the plaintiff into continuing to hold the asset acquired.

  • Meretz Investments NV v ACP Ltd
    • Court of Appeal
    • 11 Dic 2007

    Just as the tort of conspiracy to induce breach of contract is not committed if the defendant believes that the outcome sought by him will not involve a breach of contract ( Mainstream v Young), so a defendant should not be liable for conspiracy to injure by unlawful means if he believes that he has a lawful right to do what he is doing.

See all results
Legislation
See all results
Books & Journal Articles
See all results
Law Firm Commentaries
See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT