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7 Cards in this Set
- Front
- Back
Strict Liability
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D must pay damages for causing harm although D neither intentionally acted nor failed to live up to the objective standard of reasonable care
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Strict Liability and Trespassing Animals (livestock)
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If animal trespasses, you have to pay for harm; some jurisdictions use fencing in, some use fencing out
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Strict liability and wild animals
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strict liability for harm caused by wild animals if harm is that that makes wild animal dangerous
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Domestic Animals
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no strict liability unless scienter
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Abnormally Dangerous Activities
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person is strictly liabilty for any damage which occurs while he is conducting an abnormally dangerous activity; however, type of harm must be limited to that which makes the activity ultrahazardous
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Factors Ct considers when looking @ Liability for Abnormally Dangerous Activity
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high degree of risk, likelihood harm will be great, inability to eliminate risk by using reasonable care, extent to which activity is not common usage, inappropriateness of location, extent to which value to community is outweighed by dangerous attributes
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Defenses to Strict Liability
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Assumption of risk (contributory negligence no defense)
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