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Flashcards in Page 33 Deck (36):
1

What are the elements of abnormally dangerous activities?

- act/omission involving serious risk of harm
- duty to avoid harm that can't be eliminated through ordinary care
- breach of duty
- causation
- damages

2

What are the second restatement's factors that constitute an extreme hazard for abnormally dangerous activity?

- degree of risk of harm
- gravity of harm
- if reasonable care could eliminate the risk
- inevitability of some risk
- ordinary/unusual nature of activity for the place
- appropriateness of activity to the place
- value of activity versus risk of harm
- if activity is not commonly done

3

If you store explosives in the desert, is that an abnormally dangerous activity?

Probably not, because of the place

4

How can the restatement two's factors that determine an abnormally dangerous activity fail?

If the activity wasn't under the defendant's control, or the type/kind of hazard wasn't contemplated

5

How could a type/kind of hazard not be contemplated, and so not be considered an abnormally dangerous activity?

The mink case, or damage from dynamite getting wet and leaking onto the plaintiff's land (anticipated type of harm would be explosion)

6

What is the restatement three's two-part test to abnormally dangerous activities?

Activity has to create a foreseeable and highly significant risk of harm and must not be one of common usage

7

If an activity is commonly done, does SL for abnormally dangerous activities apply?

No

8

What is the rationale behind the restatement three's two-part test for abnormally dangerous activities?

Activity can't be made safe through reasonable care, so it should pay its own way

9

If reasonable care will reduce our risk, does SL for abnormally dangerous activities apply?

No

10

When does SL for abnormally dangerous activities apply to unconventional aviation?

For things like stunt flying, cropdusting, test flights

11

Why are handguns not within the abnormally dangerous activity doctrine?

Because they are commonly used

12

What is the one exception to handguns not being part of the abnormally dangerous activity doctrine?

Saturday night specials that are cheap guns that have poor accuracy/reliability, so they have little utility and are subject to SL

13

What is a defective product?

Any product capable of serious physical harm to persons or property if negligently made

14

What is the duty of care owed for defective products?

Duty of care in the design, inspection, and assembly of the product

15

Who does a duty of care extend to for defective products?

The immediate purchaser and anyone foreseeably affected by the product, like a bystander

16

Who has the burden of proving the duty of care for a defective product?

P

17

What are the theories that defective products can be based on?

Intentional tort, negligence, SL

18

How can defective product be based on the intentional tort?

If a product is sold when the defendant knew it was defective/dangerous and he didn't warn, we can be liable for battery to anyone that is injured by using the product

19

What is the rationale for holding a seller of a defective product liable under intentional tort?

If a seller believed it was substantially certain an injury would result, it is assumed that he intended the consequences of his act

20

How can the manufacturer of a defective product be held liable for negligence?

He must compensate for personal injury or property loss because of his failure to act with due care

21

If you're discussing defective product under negligence theory on an essay, How do you do that?

Go through all the elements of negligence

22

What is the best way to prove defective product under negligence theory?

Learned hand formula

23

Liability for defective products extends to who or what?

Anyone within the scope of use, to property, and real property

24

If you are a supplier, can you be liable for parts that you assembled that we're made by others?

Yes

25

Does a dealer owe a duty to inspect or test products before he sells them?

Not unless he has reason to know they may be dangerous in normal use

26

If a dealer has reason to believe there might be a problem with the product, what is his duty?

To inspect and test, and then to warn the purchaser of the potential danger

27

What are the situations that a dealer has a duty to warn about a product?

- if product came from unreliable source
- if the danger isn't labeled by manufacturer
- if you got complaints from customers about that product
- The goods are the kind a dealer would usually inspect before selling because it is likely a defect would lead to serious injury

28

If you are a dealer of an item that came from an unreliable source of supply, what is your duty?

You must warn of uncertain quality

29

If you are reseller of an item that you purchase in bulk and then distribute in smaller portions, do you have a duty to warn the ultimate consumer?

Yes

30

If a dealer acts negligently, does that supersede the manufacturer's liability for a defective product?

No, because the dealer's failure to inspect is a foreseeable intervening force, so it doesn't affect the liability of the manufacture

31

If a dealer actually knows about a defect and sells the product anyway without warning, will that be a superseding negligence to takes away liability from the manufacturer?

Yes, that will break the chain and be seen as an unforeseeable intervening force

32

What are the damages can be gotten from a defective product?

Personal injury or property damages, although purely economic loss isn't recoverable in negligence

33

Purely economic loss can only be covered under what theory for defective products?

Breach of warranty

34

When can Punitive damages be awarded under a defective product situation?

If recklessness can be shown

35

The defenses to defective product?

Contributory negligence, comparative negligence, assumption of the risk

36

What are the Three requirements that make an act abnormally dangerous?

- Creates risk of personal or property harm to others
- risk cannot eliminated by due care
- Activity doesn't usually happen in that area