Principles for Allocating Loss — Decreasing Principles of Culpability

• Intention Principle ? Played out through fraud doctrine. Pin loss on party who commits fraud.

• Knowledge ? If one party knows that they should not do something, they will be assigned loss.

• Negligence
• Strict Liability ? Where neither of the two parties has acted intentionally, knowingly, or negligently, then allocate to loss to party who with least cost could have avoided the loss.

Author: international

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