Strict Liability

Question 1

What are the general (3) categories of strict liability?

Answer 1

DAD (Danger activities; Animals; Defective or dangerous products) situations are the only situations in which a defendant can be liable without fault. Otherwise, strict liability is generally the wrong answer choice.

Question 2

What are the four elements of strict liability?

Answer 2

1. Absolute duty to make P or his property safe
2. Breach
3. Actual & proximate causation
4. Damages

Question 3

What are the (3) elements of strict products liability?

Answer 3

1. Product was defective (manufacturing, design, warning)
2. Defect existed when it left D’s control
3. Defect caused P’s injury when used in a reasonably foreseeable way

Question 4

What is the consumer expectation test for defective product design?

Answer 4

A product is defectively designed when it is dangerous beyond the expectations of an ordinary consumer

Question 5

What is the risk-utility test for defective product design?

Answer 5

A reasonable alternative design (economically feasible) was available to D, and D’s failure to use that design rendered the product unreasonably unsafe

Question 6

What is the implied warranty of merchantability?

Answer 6

The product is generally acceptable and reasonably fit for ordinary purpose

Question 7

What is the implied warranty of fitness for a particular purpose?

Answer 7

The product is fit for particular purpose and the seller knows the purpose and knows the buyer relied on seller’s skill or judgment in supplying the product