Strict Liability

Question 1

For recovery under ADA, does there have to be injury?

Answer 1

Yes

Question 2

Can a P recover in a SPL suit against a service provider?

Answer 2

No - D must be a commercial supplier (in the business of selling the product)

Question 3

is sale and storage of firearms an ADA?

Answer 3

no

Question 4

Can a suplier of a component that is integrated into a pdt (that is defective) be SL?

Answer 4

no, if the component is not defective and if the supplier does not substantially participate in the integration process

Question 5

what is a defense to SL?

Answer 5

assumption of risk

Question 6

elements of SL for wild animals?

for domestic?

Answer 6

Wild animals: 
				□ Δ had a wild animal whose characteristic propensity
				□ Caused
					® Actual
					® Proximate 
				□ Injury to Π (invitee and licensee)

Domestic animals: Keeper is not liable unless he knew or had reason to know of its dangerous propensity
□ Δ had a domestic animal and knew about its dangerous propensity that
□ Caused
® Actual
® Proximate
Injury to Π

Question 7

e=elements of SL for ADA?

Answer 7

1. Δ engaged in ADA

            1) foreseeable risk of serious harm even when reasonable care is exercised by all actors 
            2) that is not a common activity in the area 

2. Causation
   1) Actual
   2) Proximate
3. Injury by the type of danger characteristic of the activity (damages)

Question 8

SPL elements?

Answer 8

commercial seller will is SL to all foreseeable P if

• product is defective when it leaves D’s control
• product is not expected to undergo sig changes
• the defect caused injury

Question 9

elements of breach of implied warranty?

Answer 9

Implied warranty

§ Merchantability (breached by merchant dealing in kind of goods sold) refers to whether the goods are of average acceptable quality and fit for the ordinary purpose the goods are used

§ Fitness for a particular purpose (breached by any seller of the goods) refers to whether the seller knows/has reason to know the particular purpose the goods are required for and the buyer is relying on the seller’s skill and judgment in selecting the goods

○ Breach: If product fails to meet either of above standards, warranty is breached. No need to show fault.
○ Causation: Actual + proximate cause as in general negligence
○ Damages: Personal, property damages. Purely economic loss is recoverable
○ DEFENSES: assumption of risk (using while knowing breach), contributory negligence if Π discovered defect, failure to give notice of breach (under UCC)

Question 10

elements of breach of express warranty?

Answer 10

○ Representation: Δ makes representation affirming a fact or promising to the buyer as to the product that becomes the basis of the bargain. No need to show breach, just that product did not live up to warranty.
○ Causation is treated as they are under implied warranties.
○ Damages are treated as they are under implied warranties.
DEFENSES are treated as they are under implied warranties.

Question 11

who a commerical seller in SPL?

Answer 11

1. Commercial seller: Anyone engaged in the business of marketing and distribution chain of the product has an absolute duty to supply safe products to any foreseeable Π (no privity required)
   § Mfr
   § Distributors
   § retailes

Question 12

what are the defect theories and tests?

Answer 12

2. Product was defective when it left Δ’s control (breach of absolute duty)

§ Manufacturing defect: Product came out more dangerous than intended b/c it deviated from its specification
□

§ Design defect: occurs when the very design resulted in product not safe for its intended use

□ Ordinary consumer expectation test: Product failed to perform as safely as an ordinary consumer would expect. Δ must anticipate reasonable misuse

□ Risk-utility test: Danger of design > utility to society,

® Feasible alternatives test: Product could have been made safe w/o serious impact on price or utility

§ Inadequate warning or absence of warning: absence of warning when there are foreseeable risk of harm, not obvious to ordinary user, which the warning could have been prevented, even if due to foreseeable misuse

Question 13

what is actual cause? prox? any special rules?

Answer 13

4. Causation:
   § Actual—defect existed when product left Δ’s control (Π need not prove fault).
   § Proximate—type of injury was foreseeable at the time product was placed in the stream of commerce
   □ Δ must anticipate reasonable misuse

§ Learned intermediary rule: Manufacturer is relieved of liability if an intermediate handler discovers the defect and knowingly passes it to Π or failed to convey manufacturer warning to Π

Question 14

Can P recover for nonecnomic damages under SPL?

defenses?

Answer 14

no

6. DEFENSES: misuse (in an unintended & unforeseeable way),
   assumption of risk,
   comparative negligence,
   contributory negligence if Π discovered defect, alteration (3P unforeseeably changes the product)