The application of Strict Liability Theories in Tort Law to computer software : a comparative study between the Tort Law approaches in the United States of America and in the European Union
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Day by day we are used to dealing with computer software and many of us believe that our economies already depend of the functioning of such computer systems. Anyway, only a few of have thought of the other side of computer software: the involved risks for the human body or other property when computer software is operating, e.g. when controlling robots or diagnosis systems or just when calculating the dosis of ingredients for a practice medicine. To capture these risks, the thesis approaches the application of those Tort Law Theories which are based on the so-called "Strict (Products) Liability", specifically if it is reasonable to apply such theories to computer software by referring to the background of the discussions in the United States of American and in the European Union. Most challenging is not that both legal systems have different foundations (US Case Law developed from the English Common Law of medieval times, the European Continental Statutory Law from the ancient Roman Law), but that these inherent differences in structure and structuring still lead to different results, even on modern issues and modern environments. The thesis concludes: The application of Strict (Products) Liability Theories in Tort Law is useful and necessary to cover the risks of operation Computer Software, no matter whether the theories are applied in the United States of America or in the European Union.