Strict liability: general

Question 1

strict liability: contexts

Answer 1

1) animals
2) abnormally dangerous activities
3) defective products

Question 2

strict liability: def

Answer 2

in SL, D is liable for injuring P whether or not D exercised due care. As to certain activities, the policy of the law is to impose liability regardless of how carefully D conducted himself.

Question 3

animals: 2 rules

Answer 3

1) wild

2) domesticated

Question 4

wild animal rule

Answer 4

if D keeps wild animal and P is injured bc the animal does something CHARACTERISTIC of the animal, keeper is strictly liable, no matter how unforeseeable the harm

Question 5

domestic pet rule

Answer 5

keeper of domestic pet is not liable unless the keepr knows or should know of animal’s dangerous propensity

Question 6

abnormally dangerous activity: def

Answer 6

activity 
involves an evitable (avoidable) 
high risk of 
serious harm, 
and is not a common activity

Question 7

abnormally dangerous activity: exs

Answer 7

crop dusting

fumigating

Question 8

abnormally dangerous activity: rule

Answer 8

P can recover absent proof of fault as long as D was involved in an abnormally dangerous activity + that activity caused the harm (still need COF+PC)

Question 9

abnormally dangerous activity: PC issue

Answer 9

P has to suffer the kind of harm that makes the conduct abnormally dangerous in the first place

Question 10

is strict liability fails, can still

Answer 10

try negligence – show fault and recover that way

Question 11

strict liability defenses

Answer 11

NOT contributory negligence, unless it was an assumption of the risk

Question 12

contributory negligence in strict liability

Answer 12

no –> where strict liability applies, D generally many not raise contributory negligence as a defense
(exception)

Question 13

contributory negligence / strict liability – exception

Answer 13

where (1) P knew of the danger that justified imposition of strict liability +

(2) his contributory negligence caused exactly that danger to be manifested
3) then such CN will bar P’s recovery

Question 14

products liability / rship w strict liability

Answer 14

not always! in product case torts can include negligence, breach of warranty, + tort of SPL