strict liability

Question 1

vicarious liability

Answer 1

form of strict liability in which one person is held legally responsible for the fault based torts of another

Question 2

respondeat superior principle

Answer 2

employers could be held liable for torts of certain employees provided those torts were committed within the scope of employement

Question 3

going and coming rule

Answer 3

employee going to and from work is ordinarily considered outside scope of employment so employer is not liable

Question 4

exception to going and coming rule

Answer 4

where the trip involves incidental benefit to the employer

Question 5

four general factors on whether master servant relationship exists

Answer 5

1. selection and engagement of servant
2. payment
3. power of dismissal
4. power of control

Question 6

enterprise liability

Answer 6

market will tend to favor cheaper and safer product

Question 7

trespassing animals

Answer 7

owner of livestock that intrude on another persons land is subject to strict liability

Question 8

abnormally dangerous animals

Answer 8

strict liability for owner of animal that has dangerous tendenciesw

Question 9

wild animals

Answer 9

strict liability usually imposed for those injuries

Question 10

two categories of private nuisance

Answer 10

1. intentional and unreasoable
2. unintentional and otherwise actionable

Question 11

what does unreasonable mean

Answer 11

1. gravity of harm outweights utility of defendant conduct

Question 12

public nuisance

Answer 12

any person who has damages that are different from public can recover damages

Question 13

express warranty

Answer 13

agreement by seller to provide repairs for faulty product

Question 14

implied warranty

Answer 14

insurance that product is fit for its intended purpose

Question 15

3 types of defects

Answer 15

manufacture, design, info

Question 16

rationales for strict products liability

Answer 16

1. consumer expectations
2. enterprise liability
3. practicality
4. fiarness
5. deterrence

Question 17

four elements of product related injury

Answer 17

1. only applies to merchant sellers of goods
2. prove that product is defective
3. prove that product is in same condition now as when it left seller
4. P has to show that she was making a foreseeable use of the product