lesson 3 Flashcards
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What is the difference between general and strict liability?
-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.
what are the reasons for employer’s liability?
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.
FRANCE GERMANY UNITED KINGDOM
what are the requirements for strict liability?
- Employer-employee relationship (FRANCE- contenant-prepose)
- unlawful infliction, harm, tort comitted by the employee.
- in the course of emplyment/ in exercise of assigned function (FRANCE DOESNT HAVE THIS REQ.)