Extent of Risk as Criterion of Strictness of Tort Liability

Abstract

The magnitude of a risk determined by the amount and seriousness of the expected loss and the probability that a loss will occur are one (but not the only one) of the criteria taken into account when determining the strictness of civil liability, not only in the sense of “traditional” dichotomy distinction between fault-based liability and liability not based on fault, but also within the framework of a continuum of strictness of liability diffusing from pure subjective negligence liability to absolute liability without any possibility of liberation through specific regulative measures and mechanisms.

Keywords

• tort law
• danger
• risk
• strict liability
• liability based on fault
• criteria of strictness of liability
• the slovak republic