Strict Delictual Liability: The Case of Mauritius

Abstract

Mauritian Tort Law, strongly inspired by French Tort Law, contains many applications of strict liability. Moreover, in some cases, delictual liability in Mauritius is based on a presumption of fault, while in France, in the very same cases, delictual liability is strict. Drawing upon these elements, we will try to show that the power exercised over an object or a person is a necessary prerequisite for strict delictual liability in Mauritius. However, the aforementioned power is insufficient to justify this strict delictual liability; valid and combined justifications are necessary. These justifications may lead to the creation of new cases of strict delictual liability in Mauritius. The study was prepared using traditional analytical and synthetic methods in European tort law analysis and took into account relevant case law, legislation, books, articles, and other academic contributions.