Negligence and Strict Liability Converge, Blurring Legal Boundaries
The distinction between negligence and strict liability is becoming blurred due to the overlap in the duty-of-care requirement. Both negligence and strict liability share a common ground in the scope of liability, leading to similar application of the Hand formula. The government plays a crucial role in determining the efficient scope of liability, which influences the liability rule and damages for ensuring proper precaution. Various rationales from common law and civil law systems highlight the similarities between negligence and strict liability in defining the boundaries of potential defendants.