Strict Liability

Term applied to violation of third party rights (e.g., IP infringement), regulations and laws, where ignorance of the fact that one was breaking the rule or infringing the right, does not avoid liability, either for civil damages and fines (i.e., strict civil liability) or criminal offences (strict criminal liability—more rare). Fundamentally the concept is akin to saying that someone who drives a car is expected to know or inform themselves of the rules of the road—and cannot base a defense around for example, claiming not to know what a red light means, even if the assertion is true. It should be understood that strict liability usually only goes to the liability itself, ignorance can still usually be pleaded or argued to reduce the quantum of damages, fines or penalties.

Term posted by Origin on in Uncategorized.