Strict Liability supp

Question 1

) Consider whether the following BODES well for abnormally dangerous activities:

Answer 1

B – whether its BENEFIT to the community is outweighed by its high risk of harm
O – whether the activity is not a common OCCURRENCE
D – whether there is a high DEGREE of risk of harm involved
E – whether there is an inability to ELIMINATE that risk by the exercise of reasonable care
S – whether there is a likelihood of SEVERE harm resulting from that activity

Question 2

G.P.S. LAMP can use the following defenses against a breach of warranty claim:

Answer 2

) 
G – GOVERNMENT military contract defense
P – Federal PREEMPTION
S – STATUTE OF LIMITATIONS
L – LACK of timely notice to a seller
A – ASSUMPTION of risk (can be asserted against any PINE claim)
M – Unforeseen MISUSE of a product
P – Lack of PRIVITY of contract

Question 3

Strict products liability is imposed on a regular seller of a DUD product:

Answer 3

D – DEFECTIVE, and an
U – UNREASONABLY
D – DANGEROUS product

Question 4

When asserting a strict products liability claim, P must prove that a DIM dangerous defect in the
product proximately caused a physical injury:

Answer 4

D – DESIGN defect
I – INADEQUATE warning
M – Mistake in the MANUFACTURING process