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If we conceived similarly of strict liability in tort, we would then understand fault liability, incorrectly, as liability that is defeasible by excuses that establish the absence of culpability, in other words, as liability (only) for one's culpable conduct.
He said that her own "culpable conduct and want of care" contributed to any injuries she may have sustained.
The law often makes distinctions, Mr. Heytens said, between equally culpable conduct based on the harm it causes.
Replying to a suit from two victims, the diocese said that "the culpable conduct of the plaintiffs brought about the alleged injuries and that any award for damages for such injuries should be diminished in the proportion that the plaintiffs' culpable conduct bears to all culpable conduct which brought about the alleged damages".
The city, in its court response, has denied liability, citing the youths' "culpable conduct" in disregarding the "obvious" dangers of their escapade.
Officer Kelly knew the risks of his job, they wrote, and his death was "caused in whole or in part by culpable conduct of decedent and plaintiff".
Similar(43)
We find no oppressive or culpable governmental conduct inhering in these facts.
Smith, 62, pleaded guilty to culpable and reckless conduct at Ayr sheriff court last month and was sentenced on Tuesday to 42 months in prison.
David Roy, 44, from Glasgow, admitted culpable and reckless conduct.
Craig Kincaid, 21, from Greenock, pled not guilty to a charge of culpable and reckless conduct.
McGregor, 23, pleaded guilty to stealing a car, dangerous driving and culpable and reckless conduct at Dundee Sheriff Court.
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