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Environmental Protection Act (Ontario) and Strict Liability
Environmental Protection Act (Onatrio) and Strict Liability
By Brian Madigan LL.B.While it is sometimes difficult to imagine under our common law system, there is a place for strict liability.Just a quick digression. There are two areas of the common law: contract and tort. In contract, two parties will have entered an agreement. A Court will assess damages for breach of contract. In tort, there is no contractual relationship between the parties. They are strangers, but nevertheless one has been injured as a result of the wrongdoing of another. Here, Courts will impose liability for damages in tort. An automobile accident is a good example, and so is a "trip and fall".Under the law of torts, liability is imposed where the tortfessor has done something wrong, that is, has been negligent, has caused a nuisance or has trespassed. But, in all such cases, the tortfessor has done something wrong and the Courts seek to have the tortfessor change his behaviour in some way, so as to prevent such recurrences in the future.The concept of strict liability arose in the case of Rhylands and Fletcher. The owner of a tiger was held responsible for the damage caused by the tiger when it escaped, ... more

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