lesson 3 Flashcards

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1
Q

**

What is the difference between general and strict liability?

A

-general liability is based on personal fault of the wrongdoer.
- Strict liability is Based on a certain quality or relationship one has with another person or thing .No fault (intention or negligence) is required.

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2
Q

what are the reasons for employer’s liability?

A

1.** benefit and burden, those who benefit commercially should take the burden.
2.
best position->** to take insurance against these risks as employer.
3. responsibility for ensuring that employees are properly trained.
4.** spread the loss (pass extra costs to public with higher prices.)
5.
easier compensation **-> employers generally have more means to pay.

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3
Q

FRANCE GERMANY UNITED KINGDOM

what are the requirements for strict liability?

A
  1. Employer-employee relationship (FRANCE- contenant-prepose)
  2. unlawful infliction, harm, tort comitted by the employee.
  3. in the course of emplyment/ in exercise of assigned function (FRANCE DOESNT HAVE THIS REQ.)
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4
Q
A
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