strict liability Flashcards

1
Q

situtaions

A
  1. owner of a wild animal or an abnormally dangerous domestic animal
  2. engaged in abnromally dangeorus activitiy - creates a foreseeable risk of serious harm even when reasonable care is exercised (think explosive or toxic)
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2
Q

Liability

A

the harm that results must be the kind of danger that makes the animal or activity abnormally dangerous

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3
Q

strict liability and products

A

D must be a merchant

tpes of defects

  1. manufacturing defect - just the one bad product
  2. design defect - cost of design outweighs the benefits such that a reasonbl merchant wouldn’t put it on the market, no claim. must show that ther’es another design, it’s economically feasibale and does’n tmake the product difficult to use.
  3. information defect - residual risks that can’t be designed away and the risk is not obvious or apparent to the users
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