Strict Liability Defenses

Question 1

Comparable Responsibility

Answer 1

generic defense in all SL cases.

i.e. jabbing a wild animal w/ stick or using a new toaster you see shooting off sparks

Question 2

Nuisance

Answer 2

you suffer a nuisance when your ability to use and enjoy property is disturbed to an unreasonable degree. can be negligent, reckless/knowing, or SL. All depeneds on whether P’s use of his land has been altered.

Question 3

Who has vicarious liability in negligence?

Answer 3

1. Employer-Employee - YES
2. Independent contractors - NO.
3. Owner of car/Driver - no generally. However, if I lend you car to do favor for me, yes.
4. Parent/Child - NO. NY Exception, yes but only moderate amount of damges.

Question 4

Multiple Defendants

Answer 4

the out of pocket D has comparative contribution rights but he has to still pay.

Question 5

Loss of Consortium

Answer 5

uninjured spouse will get a separate c/a to allow recovery when

1. loss of services
2. loss of society
3. loss of sex

Question 6

Legislative Authority

Answer 6

Legislative authority for “nuisance activity” (i.e. a zoning ordinance) is not an absolute defense but is persuasive.