Strict Liability; Foundations and Instances

Document Type : Research Paper

Authors

1 Assistant professor of Faculty of Law, University of Tehran, Tehran, Iran

2 MA student in private law, University of Judicial Sciences, Tehran, Iran

3 MA student in private law, University of Guilan, Rasht, Iran

Abstract

Strict liability is the result of philosophical ideas of lawyers in front of developments in human knowledge and complexity of social relationships. Strict liability the main aim is facilitation of victim's compensation, so the proof of fault is not necessary and causation is sufficient. This type of liability is justified by various foundations of economics, society and morality. In the beginning, strict liability was peculiar to dangerous activities, but has expanded in conjunction with the emergence of private insurance and social security that have transformed the aims and functions of tort law. In Iranian and Islamic law there are many instances of this liability. For example, we can mention tort liability for destruction of properties (Etlaf), tort liability of physician, some instances of personal injury law (Diyeh). In some new laws such as law relating to compulsory insurance of tort liability of possessors of motor and rail vehicles, strict liability has been accepted implicitly, but in other fields like products liability and liability of providers of services, has been rejected because of incompatibility with traditional rules. Anyway, conditions and necessities of modern life demands that strict liability be accepted in other dangerous activities which impose non-reciprocal risks to other members of society.

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