The fourth project in the cooperation between ETL, ECTIL and Yantai University, China, addresses the topic ‘Fault-based and Strict Liability’. While it seems safe to say that all European legal systems, as well as the Chinese Tort Liability Law, endorse liability based on fault, they differ in their attitude towards liability in the absence of such a foundation. A thorough examination of the relatively cautious use of strict liability found in the Chinese Tort Liability Law as well as the common law on the one hand, and its prominent support in influential Continental European jurisdictions on the other may lead to valuable new perspectives on the viability of commonly-used bases for strict liabilities. The project will pay special attention to the use of rules reversing the burden of proof of fault in Chinese and European statutes, which are sometimes considered to fall into a grey area between fault-based and strict liability.
Contributors presented their findings in a public conference on 18 October 2019 in the Ministry of Justice (Palais Trautson), Vienna.
The results will be published in English by Jan Sramek Verlag (Vienna). The connection between this volume and the other books produced via the cooperation will be made apparent through use of the subtitle ‘Chinese and European Perspectives’.