in the competition hence the only place compensation can come from is the other team but of course this is not true in a defective product case compensation can come from the government or an industry wide fund or what have you second and relatedly the only way to restore equal competitive opportunity in the game case is to impose a penalty on the offendind team but in the defective product case a penalty against the company is not necessary or even relevant to restoring the injured consumer equal opportunity
none of the defenses of sl considered so far directly confronts or even explicitly considers cra this is not true of the argument advanced by john j McCall in fairness strict liability and public policy 2000 McCall sets out a principle similar to crp which he call the fault/control principle in defending sl however McCall does not challenge the truth or correctness of the fault/control principle his contention rather is that in the relevant cases this principle is inapplicable after articulating the argument that sl is unjust to businesses because it violates the fault/control principle McCall defends this contention as follows ibid p 328 emphasis mine
we should look a bit closer before concluding that strict liability is unfair by definition a strict liability standard applies to cases of accidental injury related to product defects a consumer who is injured by a defective product is not at fault for the injury just as the business is not at fault in an equally important way then the consumer is harmed by something beyond his or her control
if we accept the argument that strict liability is unfair to business the paradoxical conclusion is that the alternative for cases of non-negligent defects is also unfair to the injured consumer so rather than drawing conclusions on the basis of the fault/control principle about the fairness of strict liability we instead should recognize that this principle is simply inapplicable when no one bears moral responsibility for the harm that is when the harm is purely accidental
and if we apply this argument to cra the obvious conclusion is that since the crp is inapplicable to strict liability cases cra fails to show that sl is unjust but I think this argument is confused for crp does not say that any time there is no fault(or voluntary agreement)there is injustice or unfairness it merely say that where there is no fault (or voluntary agreement)then it is unjust to hold the relevant agent(s)responsible and is thus unjust to say that they are morally required or obligated to pay and this claim can be applied without any paradox whateve to both sides when ann is injured by the defective power saw in circumstances where neither