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Question 1

What are the elements of abnormally dangerous activities?

Answer 1

• act/omission involving serious risk of harm
• duty to avoid harm that can’t be eliminated through ordinary care
• breach of duty
• causation
• damages

Question 2

What are the second restatement’s factors that constitute an extreme hazard for abnormally dangerous activity?

Answer 2

• degree of risk of harm
• gravity of harm
• if reasonable care could eliminate the risk
• inevitability of some risk
• ordinary/unusual nature of activity for the place
• appropriateness of activity to the place
• value of activity versus risk of harm
• if activity is not commonly done

Question 3

If you store explosives in the desert, is that an abnormally dangerous activity?

Answer 3

Probably not, because of the place

Question 4

How can the restatement two’s factors that determine an abnormally dangerous activity fail?

Answer 4

• if the activity wasn’t under the defendant’s control

- the type/kind of hazard wasn’t contemplated

Question 5

How could a type/kind of hazard not be contemplated, and so not be considered an abnormally dangerous activity?

Answer 5

The mink case, or damage from dynamite getting wet and leaking onto the plaintiff’s land (anticipated type of harm would be explosion)

Question 6

What is the restatement three’s two-part test to abnormally dangerous activities?

Answer 6

Activity has to create a foreseeable and highly significant risk of harm and must not be one of common usage

Question 7

If an activity is commonly done, does SL for abnormally dangerous activities apply?

Answer 7

No

Question 8

What is the rationale behind the restatement three’s two-part test for abnormally dangerous activities?

Answer 8

Activity can’t be made safe through reasonable care, so it should pay its own way

Question 9

If reasonable care will reduce the risk, does SL for abnormally dangerous activities apply?

Answer 9

No

Question 10

How does SL for abnormally dangerous activities apply to unconventional aviation?

Answer 10

It applies to things like stunt flying, cropdusting, test flights

Question 11

Why are handguns not within the abnormally dangerous activity doctrine?

Answer 11

Because they are commonly used

Question 12

What is the one exception to handguns not being part of the abnormally dangerous activity doctrine?

Answer 12

Saturday night specials that are cheap guns that have poor accuracy/reliability, so they have little utility and are subject to SL

Question 13

What is a defective product?

Answer 13

Any product capable of serious physical harm to persons or property if negligently made

Question 14

What is the duty of care owed for defective products?

Answer 14

Duty of care in the:

• design
• inspection
• assembly of the product

Question 15

Who does a duty of care extend to for defective products?

Answer 15

The immediate purchaser and anyone foreseeably affected by the product, like a bystander

Question 16

Who has the burden of proving the duty of care for a defective product?

Answer 16

P

Question 17

What are the theories that defective products can be based on?

Answer 17

• intentional tort
• negligence
• SL

Question 18

How can defective product be based on an intentional tort?

Answer 18

If a product is sold when the defendant knew it was defective/dangerous and he didn’t warn, he can be liable for battery to anyone that is injured by using the product

Question 19

What is the rationale for holding a seller of a defective product liable under intentional tort?

Answer 19

If a seller believed it was substantially certain an injury would result, it is assumed that he intended the consequences of his act

Question 20

How can the manufacturer of a defective product be held liable for negligence?

Answer 20

He must compensate for personal injury or property loss because of his failure to act with due care

Question 21

How do you discuss defective product under negligence theory on an essay?

Answer 21

Go through all of the elements of negligence

Question 22

What is the best way to prove defective product under negligence theory?

Answer 22

The Learned Hand formula

Question 23

Liability for defective products extends to who or what?

Answer 23

Anyone within the scope of use, to property, and real property

Question 24

If you are a supplier, can you be liable for parts that you assembled that were made by others?

Answer 24

Yes

Question 25

Does a dealer owe a duty to inspect or test products before he sells them?

Answer 25

Not unless he has reason to know they may be dangerous in normal use

Question 26

If a dealer has reason to believe there might be a problem with the product, what is his duty?

Answer 26

To inspect and test, and then to warn the purchaser of the potential danger

Question 27

What are the situations that a dealer has a duty to warn about a product?

Answer 27

• if product came from unreliable source
• if the danger isn’t labeled by manufacturer
• if he got complaints from customers about that product
• the goods are the kind a dealer would usually inspect before selling because it is likely a defect would lead to serious injury

Question 28

If you are a dealer of an item that came from an unreliable source of supply, what is your duty?

Answer 28

You must warn of uncertain quality

Question 29

If you are a reseller of an item that you purchased in bulk and then distributed in smaller portions, do you have a duty to warn the ultimate consumer?

Answer 29

Yes

Question 30

If a dealer acts negligently, does that supersede the manufacturer’s liability for a defective product?

Answer 30

No, because the dealer’s failure to inspect is a foreseeable intervening force, so it doesn’t affect the liability of the manufacture

Question 31

If a dealer actually knows about a defect and sells the product anyway without warning, will that be a superseding negligence to takes away liability from the manufacturer?

Answer 31

Yes, that will break the chain and be seen as an unforeseeable intervening force

Question 32

What are the damages that can be gotten from a defective product?

Answer 32

• personal injury
• property damages

** BUT purely economic loss isn’t recoverable in negligence

Question 33

Purely economic loss can only be covered under what theory for defective products?

Answer 33

Breach of warranty

Question 34

When can punitive damages be awarded under a defective product situation?

Answer 34

If recklessness can be shown

Question 35

What are the defenses to defective product?

Answer 35

• contributory negligence
• comparative negligence
• assumption of the risk

Question 36

What are the three requirements that make an act abnormally dangerous?

Answer 36

• creates risk of personal or property harm to others
• risk cannot eliminated by due care
• activity doesn’t usually happen in that area