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9 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Strict Liability
No fault liability; SL for harm caused by abnormally dangerous activity (high risk no matter how much care, and activity is not usual for area) |
- SL for wild animals
- SL for domestic animals requires knowledge of animal's dangerous propensity Assumption of risk, contrib negligence is not defense. |
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Products Liability & Negligence
Unreasonable conduct involving manufacture/sale of product which is actual and proximate cause of P's injury. P must be reasonably foreseeable victim. NO privity needed. Typical D is manufacturer, can be seller /component part maker. |
Negligent failure to discover defect is not a superseding cause. If seller is negligent in failing to correct a manufacturer's negligence, manufacturer remains liable.
Same negligence defenses as discussed above. |
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Products Liablity & Strict Liability-
- P must prove a defect: in design, manufacture, warning, or instruction. Defect just needs to exist. - P must prove product is unreasonably dangerous (dangerous beyond what ordinary consumer would contemplate OR whether less dangerous alternative is economically feasible) |
Design must account for unintended foreseeable uses. Also, duty to warn about unintended foreseeable uses.
Causation: Defect must have caused injury. Look for substantial change since the time product left D. |
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Product Liability & SL
Proper D's: commercial supplier of the product. Sellers/lessors in reg business of selling or leasing; manufacturer; component part maker. NOT garage sales, loans from neighbors. Proper P's: no privity needed. All foreseeable victims, including purchasers and bystanders. |
Must be physical damage to person or property. If only economic loss, no SL recovery.
Assumption of risk is defense; contrib negligence isn't. Split on comparative neg. SL inapplicable to services, unavoidably unsafe products (knives). |
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Nuisance
D's substantial and unreasonable interference w/P's use and enjoyment of property. Vibration, noise, light, odor. No extrasensitivity. Interference must be unreasonable: balance harm vs. social utility. Consider character of area, frequency, time of day. |
- No need to prove intent to be nuisance.
- Actual harm needed. - Remedies: Equitable (close or limit hours); Damages (reduction in property value) Public nuisance: health/safety/property rights of public are affected. Private P must prove unique injury apart from public. |
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Vicarious Liability: based on status, not fault
Employer/employee--> basic test is right to control [even if employer's VL, employee also liable for own tort] Servants: right to control; paid salaries, not highly skilled, don't have own business, use boss's tool at boss's employment place, long-term IC: own business, more skill, paid by the job, own tools, short term |
No VL for IC unless IC engaged in inherently dangerous activity or non-delegable duty (LL's duty to repair). Liability for negligent hiring or supervision of IC is not VL.
VL for servant if servant's tort was w/in scope of employment- what/when/where/why? |
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Multiple Tortfeasors: generally, joint & several liability
Contribution: If 1D1 paid more than her pro rata share to P, entitled to contribution from D2 to equalize payment based on # of tortfeasors. % in a comparative negligence state may be based on fault. |
Indemnification: D seeks full reimbursement from another.
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Deceased Tort Victim
Common law: CoA died w/victim Wrongful death statute: damages for loss of support, services, companionship, consortium. Damages to surviving family members. |
Survival statute: damages suffered by deceased between time of death and time of tort (e.g., med expenses). Damages to estate. If instantaneous death, $0.
Beneficiaries have no greater rights than victim would have had if victim had lived. |
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Immunities
Majority reject: spousal, parent-child, charitable. Federal gov: Sovereignty immunity protects v. tort suit. Federal Tort Claims Act (FTCA) waives immunity for negligence. No punitive damages/SL claims. |
State gov: sov imm, but most have limited waiver.
Municipal gov: immune while engaged in government functions, but not proprietary ones (trash collection, parking lots) |
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