A Theory of Strict Liability

"Although Richard Epstein's theory of strict liability explains many aspects of contemporary tort law better than some more fashionable theories, nevertheless it ought to be viewed as primarily normative in character. His version of strict liability is an attempt to base the prima facie case in a tort action solely on causal grounds. He then proceeds to develop some very striaghtforward causal and noncausal defenses to the valid prima facie case. In the development of his theory, Epstein emphasizes the ways in which it differs from a system of negligence, particularly the variety based on considerations of economic efficiency." -- from the Foreword, p. ix.