Strict Liability and Product Liability

Question 1

What are two cases of Strict Liability

Answer 1

1. Possession of Wild Animals
2. Abnormally Dangerous Activities

Question 2

What are Wild Animals

Answer 2

• Non-domesticated animals (you can’t domesticate wild animals)
• Injury that would normally occur
• OR Domestic animals with dangerous propensities

Question 3

What are Abnormally Dangerous Activities

Answer 3

• Excavation
• Dynamite
• Toxic Chemicals

Question 4

What is one legal defense for Strict Liability

Answer 4

Assumption of the Risk

Question 5

Product Liability

Answer 5

A product breaks or doesn’t work properly

Question 6

What are the 3 causes of action for Product Liability

Answer 6

1. Negligence
2. Breach of Warranty
3. Strict Products liability

Question 7

Product Liability: Negligence

Answer 7

Negligence in the chain caused the product to break or not work

Question 8

Product Liability: Breach of Warranty

Answer 8

Promise about product performance

Question 9

Warranties

Difference between Merchantability and Fitness for a Particular Purpose

Answer 9

Merchantability: Product is genernally acceptable and reasonably fit for ordinary prupose
FPP: Product FIT for a particular purpose (seller must know purpose and buyer must rely on seller’s skill)

Question 10

Strict Products Liability

Answer 10

1. Defective product
2. Sold by commercial seller
3. Foreseeable user (foreseeable circle of buyer)
4. Used in a manner it was intended (no matter how much I use it)

Question 11

Commercial Seller

Answer 11

In the business of selling the product

Question 12

What is the Inadequate/Failure to Warn hypo?

Answer 12

A type of Defective Product regarding warning under Strict Products Liability

Question 13

What are the defenses to Strict Products Liability

Answer 13

1. Assumption of the Risk
2. Misuse

Question 14

What is another way to say Strict Product Liability

Answer 14

Strict Liability in Tort