EFFECT OF NEGLIGENCE AND STRICT LIABILITY IN ENCOURAGEMENT OF TORTFEASOR AND VICTIM IN OBSERVING THE PRECAUTION

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TAHMASBI ALI; ALIPOUR KOUROSH

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Journal Paper

Paper Information

Journal: THE JUDICIARY’S LAW JOURNAL Year:2011 | Volume:75 | Issue:74 Page(s): 129-159

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Information Journal Paper

Title

EFFECT OF NEGLIGENCE AND STRICT LIABILITY IN ENCOURAGEMENT OF TORTFEASOR AND VICTIM IN OBSERVING THE PRECAUTION

Author(s)

TAHMASBI ALI | ALIPOUR KOUROSH | Issue Writer Certificate

Keywords

PRECAUTIONQ2

MOTIVEQ2

NEGLIGENCEQ2

LIABILITYQ2

LOSS AND STRICT LIABILITYQ2

Abstract

In legal systems, regarding the expected objectives, the various factors have been taken into account in determination of basis of civil LIABILITY in order to select a more appropriate rule. The LIABILITY may depend upon the commitment of NEGLIGENCE by tortfeasor or only the existence of the causation between the detrimental act and loss shall be enough for achievement of the LIABILITY. The present article, irrespective of basis accepted in legal systems, intends to study the effect of these rules on behavior of people and their encouragement in observing the PRECAUTION. In cases where the tortfeasor can hinder to occur the loss, the rule of strict LIABILITY may have the appropriate effect and encourage him in observing the PRECAUTION. But, if the PRECAUTION of tortfeasor and victim is necessary for prevention of occurring loss, the more appropriate effects shall be followed through applying the NEGLIGENCE or competitive strict LIABILITY. Such analysis makes it possible to consider the probable effects of rule on the behavior of the people and to be more appropriate or inappropriate, before constituting the rule and while taking into account the various aspects, and to take the proper actions for removal of its effects.

Cites

THE CIVIL LIABILITY OF ILL PERSONS WITH CONTAGIOUS DISEASES

References

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APA: Copy

TAHMASBI, ALI, & ALIPOUR, KOUROSH. (2011). EFFECT OF NEGLIGENCE AND STRICT LIABILITY IN ENCOURAGEMENT OF TORTFEASOR AND VICTIM IN OBSERVING THE PRECAUTION. THE JUDICIARY’S LAW JOURNAL, 75(74), 129-159. SID. https://sid.ir/paper/138022/en

Vancouver: Copy

TAHMASBI ALI, ALIPOUR KOUROSH. EFFECT OF NEGLIGENCE AND STRICT LIABILITY IN ENCOURAGEMENT OF TORTFEASOR AND VICTIM IN OBSERVING THE PRECAUTION. THE JUDICIARY’S LAW JOURNAL[Internet]. 2011;75(74):129-159. Available from: https://sid.ir/paper/138022/en

IEEE: Copy

ALI TAHMASBI, and KOUROSH ALIPOUR, “EFFECT OF NEGLIGENCE AND STRICT LIABILITY IN ENCOURAGEMENT OF TORTFEASOR AND VICTIM IN OBSERVING THE PRECAUTION,” THE JUDICIARY’S LAW JOURNAL, vol. 75, no. 74, pp. 129–159, 2011, [Online]. Available: https://sid.ir/paper/138022/en

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