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7 Cards in this Set
- Front
- Back
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six elements of strict liability |
A. Existence of a high degree of risk of some harm to the property, person or chattel of another
B. Likelihood that resulting harm from an accident would be great (possibility) C. Inability to eliminate the risk by the exercise of reasonable care D. Extent to which the activity is not a matter of common usage E. Inappropriateness of the Activity to the Place Where It Is Carried on F. Extent to which the value of the activity is outweighed by its dangerous attributes |
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Existence of a high degree of risk of some harm to the property, person or chattel of another
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1. Significance of uncertain and uncontrollable factors to this activity.
2. availability of knowledge and technology to eliminate the risk created by the Unc and Uncfactors 3. Statistical history of accidents |
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Likelihood that resulting harm from an accident would be great (possibility)
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1. Worst thing that could happen
2. How bad would that be? |
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Inability to eliminate the risk by the exercise of reasonable care
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1. Can reasonable care eliminate the risk
a. Look at factor A. 2. In a typical case, will the exercise of reasonable care survive an accident a. Identify potential sources of evidence of reasonable care b. How much of that evidence would survive an accident |
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Extent to which the activity is not a matter of common usage
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1. How many people carry on the activity
2. Is it done customarily? frequently or regularly 3. Is the number The great mass of mankind And/Or Many in the community |
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Inappropriateness of the Activity to the Place Where It Is Carried on.
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1. consistent with surrounding uses?
2. if inconsistent, is it inappropriate or is it possible to minimize consequences by moving to another local? |
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Extent to which the value of the activity is outweighed by its dangerous attributes
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1. Identify and quantify the value of the activity to the community
2. Identify and quantify the dangerous attributes(A&B) 3. Weigh against each other (1&2) 4. Determine ADA. (typically high 2 means AD but can be interpreted other ways) |
