Keywords: strict liability, product liability, European tort law, harm, movable objects, European private law, exoneration, Germany, France, England, harmonisation
The principle of strict liability as a principle of European tort law: assessing possibilities of harmonisation in the case of liability for harm caused by movable objects
This comparative study analyses the tort law rules of France, England and Germany implementing the principle of strict liability. The paper puts emphasis on the examination of the underlying functions associated with strict liability in tort and on the position of the principle as part of the aforementioned tort law systems. Furthermore, it looks at the requirements and grounds for exoneration of the respective strict liability rules and attempts to draw on the experience made in connection with the EEC Product Liability Directive 1985 with a view to consider the necessity and feasibility of future harmonisation in this area of private law.