ABSTRACT

The words ‘strict liability’ can lead to some confusion. Most torts require an element of fault on the part of the alleged wrongdoer but in a tort of strict liability fault is largely irrelevant. If the wrong has occurred, the defendant will be liable, regardless of blame. This does not mean that there can be no defence, although the available defences may be limited. This part of the book looks at two areas of strict liability, liability for animals and liability for dangerous products. Both are statutory torts and both are subject to statutory defences which mean that the wrongdoer can escape liability.