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10 Cards in this Set
- Front
- Back
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What are the elements of Strict Liability?
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>no showing of negligence
>accidents caused: * by abnormally dangerous activities *wild animals *defective products |
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What is an abnormally dangerous activity ?
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> when engaging in activity poses a highly significant risk of physical harm even when reasonable care is exercised
>not commonly engaged in >only strictly liable for the harm that flows from the risk that made the activity abnormally dangerous |
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The rule of Rylands v Fletcher?
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>strict liability for bursting reservoirs
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What is the Rule about strict liability and dogs?
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>dog bite statues if owner knew or had reason to know that dog had violent propensity and the harm results from that propensity
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What is the owners liability for animal trespass?
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>liable for foreseeable damage caused by animal (not household pets?)
>Exception for household pet does not count if owner had reason to know the pet is intruding on another land. |
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How does the plaintiff own negligence reduce recovery in strict liability claims?
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>in comparative negligence jurisdictions it will reduce recovery
>in contributory negligence jurisdiction it will not bar recovery. and it no defense >With respect to modification or misuse, it will be a complete bar in contributory negligence jurisdiction where it was unforeseeable or where plaintiff unreasonably proceeds in the face of know defect. |
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What is another defense to strict liability claim?
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>performance of essential govt activity
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Elements for products liability ?
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>defective product
>defect existed when left defendant's control >defect caused plaintiff injury |
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When are products Defective?
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>does not conform to manufactures specification
>design defect *consumer expectation- less safe than contemplated by ordinary consumer *risk utility test- the product could have been safer by additional safety features (NY Test) |
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What is failure warn?
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>product does not include adequate warning
Exception: learned intermediary >NY DISTINCTION * a manufacturer is not liable for post sale substantial modification of a product that renders the product unsafe under the theory of design defect. even though manufacturer may still be liable under to failure to warn theory |
