Common-Law Strict Liability Flashcards
What is the definition of a wild animal?
An animal that is not by custom devoted to the service of mankind at the time and place in which it is kept
What is the definition of a domestic animal?
An animal that is by custom devoted to the service of mankind at the time and place in which it is kept
What is the liability of a possessor of a wild animal?
1) He/she is subject to liability to another for harm done by the animal to the other, his person land or chattels, although the possessor has exercised the utmost care to confine the animal, or otherwise prevent it from doing harm
2) This liability is limited to harm that results from a dangerous propensity that is characteristic of wild animals of the particular class, or of which the possessor knows or has reason to know
What is the liability of the possessor of an abnormally dangerous domestic animal?
1) A possessor of a domestic animal that he knows or has reason to know has dangerous propensities abnormal to its class, is subject to liability for harm done by the animal to another, although he has exercised the utmost care to prevent it from doing the harm
2) This liability is limited to harm that results from the abnormally dangerous propensity of which the possessor knows or has reason to know
What is the general principle about abnormally dangerous activities
1) One who carries on an abnormally dangerous activity is subject to liability for harm to the person, land or chattels of another resulting from the activity, although he has exercised the utmost care to prevent the harm
2) This strict liability is limited to the kind of harm, the possibility of which makes the activity abnormally dangerous
What are the factors considered in determining whether an activity is abnormally dangerous?
a) Existence of a high degree of risk of some harm to the person, land or chattels of others
b) Likelihood that the harm that results from it will be great
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 it’s value to the community is outweighed by its dangerous attributes
