MBE: Strict liability torts

Question 1

For strict liability

Answer 1

P must prove:

Existence of an absolute duty to make safe

Breach of duty

Actual and proximate cause of the Ps injury

and

Damage to Ps person or property

Question 2

Injuries caused by animals

Answer 2

Always SL for livestock or wild animals.

No SL for domesticated animals unless D knew of viscous propensity.

Question 3

Ultra hazardous activities

Answer 3

Ultra hazardous activity: SL if P proves

Activity can’t be made safe given existing technology

Activity poses severe risk of harm

Activity is uncommon in the area where it is conducted