Strict liability Flashcards

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1
Q

Strict Liability

A

1) possession of wild animal
2) abnormally dangerous activity

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2
Q

possession of wild animals

A

injury can result from damage or fear of animal

look for injury is not the kind of injury that does not involve the animal (i.e. trippin on the bear thinking it is a log)

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3
Q

can domesticated animal becomes a wild animal

A

yes if they have dangerous propensities

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4
Q

can you domesticate a wild animal?

A

no

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5
Q

abnormally dangerous activity

A

excavation, dynamte, chemicals, etc.

will be strictly liable for it

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6
Q

legal defense

A

assumption of risk

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7
Q

assumption of risk

A

i knew of it and did it anyways

look for sign that says flying rocks, beware of peril

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8
Q

Product liability

A

bought or using a product and it breaks and doesnt work properly

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9
Q

three theories of product liability

A

1) negligence- someone did something and didn’t tell me for it to work
2) breach warranty- sticker on box
3) SPL- Left in a defective condition, sold a commercial seller, used in a foreseeable manner, to a foreseeable user

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10
Q

manufacturing defect

A

commercial seller

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11
Q

foreseeable user

A

anyone who can be seen to use it in a manner to use it

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12
Q

defective

A

i bought it and it does not work

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13
Q

Inadequate or failure to warn

A

just look for it

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14
Q

strict product liability in tort

A

this means product liability

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15
Q

defense

A

assumption of risk

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16
Q

misuse

A

if it is defective they will be liable, but if it is misuse, it is a defense.