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17 Cards in this Set
- Front
- Back
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What is the liability for injuries caused by domestic animals?
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general rule - no strict liability for house pets and farm animals.
Exception - you will be strictly liable if you have a domestic aninal with viscious propensities and you have awareness of it. |
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What would give you knowledge of a domestic animal's vicious propensity?
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previously bit someone or maybe enough if snarls at ppl
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What is the liability for injuries caused by wild animals?
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strict liability - safety precautions don't matter.
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When can there be strict liability in torts?
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1. Injuries caused by animals (domestic v. wild)
2. abnormally dangerous activities 3. Injuries caused by consumer products |
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How do you determine if something is an abnormally dangerous activity?
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1. activity must create a foreseeable risk of serious harm even if reasonable care is exercised
2. the activity must not be a matter of common usage in the area where the def. conducts it |
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Does strict liability take into account safety precautions?
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no, they are ignored
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What are the four elements of strict liability for consumer products?
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1. def must be a merchant
2. evidence that the product is defective 3. the product has not been altered since it left the def's hands 4. the pl must be making a forseeable use of the product at the time he is injured. |
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Who is a merchant for strict liability purposes?
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1. commercial lessors
2. every merchant in the chain |
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Who is not a merchant for strict liability purposes?
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1. casual sellers
2. service providers |
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What are the tow different types of product defects?
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1. manufacturing defect
2. design defect |
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What is a manufacturing defect?
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it differs from all the others that came off the same assembly line in a way that makes it more dangerous than consumers would expect.
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What is a design defect?
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if there exists a safer, practical, cost-effective way to build it.
Hypothtical alternative design |
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Is information part of product design?
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yes, it is better to sell w/ a warning than w/o.
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Are warnings sufficient for a physically defective product?
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no, better to have the physically safer design.
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When is the product assumed not to be altered?
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when it moves in the ordinary channels of distro, it is assumed to not have been altered.
Does not apply to used goods. |
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What is a foreseeable use of the product?
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bar exam trick - foreseeable use is not limited to the uses the manufacturer or merchant intended - missues may still be foreseeable.
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What is the affirmative defense to strict liability?
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comparative fault - any pl misconduct, or fault will lead to a damage reduction base on percentages.
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