Strict Liability

Question 1

Advantages of SL

Answer 1

behavior mod: def will take all possible precautions; compensation: P compensated for non-negligent acts

Question 2

Disadvantages of SL

Answer 2

doesn’t make sense from Behav mod, still liable if careful; pass costs onto the consumer;

Question 3

2 types of disadvantage for SL

Answer 3

Common law and product liability

Question 4

Common Law approach to SL

Answer 4

owner of land liable for non-neutral use of land and something escaped and damages neighbors property

Question 5

Exceptions to CL SL

Answer 5

act of God, contrib negligence, or AoR; if it is a naturally occurring use, ex. natural pond, earthquake, then floods neighbors yard

Question 6

CL SL non-delegable duty

Answer 6

obligation/duty to outsource to 3rd party; so dangerous they cannot be delegated (dynamite) and principal cannot escape liability

Question 7

RS approach for SL

Answer 7

abnormally dangerous activities are subject to liabiltiy for harm to person, land, or chattels; not confined to land

Question 8

Whether abnormally dangerous (Restatement approach)

Answer 8

degree of risk (P); gravity of harm (L); inability to eliminate risk (B); is the activity appropriate (drilling oil in rural v city); value of activity to the community

Question 9

RS approach

Answer 9

liability only extends to harm caused by the characteristics of that activity; ex. storing huge amount of gasoline, if something wrong with container it is not a characteristic of the danger, have to be negligent to be liable

Question 10

Dogs CL one bite rule

Answer 10

presume dog is not vicious, owner liable if has reason to know dog is vicious, ex. if they have bitten before

Question 11

Dogs Jurisdictional approach

Answer 11

owner is SL unless they warn; dogs can be a trap if known to be vicious and DOES NOT BARK