STRICT LIABILITY Flashcards
1
Q
Strict Liability - Prima Facie case
A
- CIF
- Prox Cause
- Damages
- Defenses (CA/modern, use CF and compare P’s fault to D’s non-fault)
2
Q
Abnormally Dangerous Activities
A
- judge decides
- 2nd restate - balancing test;
- high prob risk of harm, likelihood of severe harm, inability to eliminate risk by reasonable care, not a matter of common usage, inappropriateness of location of activity, danger outweighs activity to community
- 3rd restate (= 1st restate) - high risk of serious harm, not common usage, unavoidable
3
Q
ADA Defenses
A
- majority - apply superseding intervening act standard = only if unforeseeable in relation to risk created by activity
- Alaska - no negligent intervention will relieve D
