absolute liability – a type of strict liability based on causation alone, without any other limiting factors

     This page is continued from Civil Law Self-Help Walkthrough >>>> Section 1 – Torts, Breaches of Contract, and Assessing Liability >>>> Liability >>>> Types of Liabilities Associated with Civil and Criminal Law:

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absolute liability:

l. Archaic. See strict liability.

2. A type of strict liability based on causation alone, without any other limiting factors.  *  Absolute liability is often distinguished from strict products liability, which limits strict liability to injuries caused by a product defect. [1]

1. Liability for an injury resulting to another where no account is taken of the standard of care exercised, often called insurer’s liability. 38 Am J1st Negl § 4.

Criminal liability of which intent is not an element. 21 Am  J2d Crim L § 91.

Liability of a principal as distinguished from that of a guarantor or surety.

The word as used in a Motor Vehicle Financial Responsibility Act providing that the liability of the insurer under the policy shall become absolute upon occurrence of the accident means that there shall be no defenses to liability of the insurer based upon any statement made by or on behalf of the insured or upon exclusions, conditions, terms, or language contained in the policy. Farm Bureau Auto. Ins. Co. v Martin, 97 NH 196, 84 A2d 823, 29 ALR2d 811. [2]

1. Liability for an injury whether or not there is fault or negligence.
     See strict liability.  Also see negligence per se. [3]

     Excerpt from Phillips v. Kimwood Mach. Co. (Or. 1974):

     “No one wants absolute liability where all the article has to do is to cause injury. [2]

References:

Disclaimer: All material throughout this website is compiled in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

[4]: Phillips v. Kimwood Mach. Co., 525 P.2d 1033, 1036 (Or. 1974) on Justia.com:  https://law.justia.com/cases/oregon/supreme-court/1974/525-p-2d-1033-5.html

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