Strict liability Flashcards

1
Q

Strict Liability

A

1) possession of wild animal
2) abnormally dangerous activity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

possession of wild animals

A

injury can result from damage or fear of animal

look for injury is not the kind of injury that does not involve the animal (i.e. trippin on the bear thinking it is a log)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

can domesticated animal becomes a wild animal

A

yes if they have dangerous propensities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

can you domesticate a wild animal?

A

no

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

abnormally dangerous activity

A

excavation, dynamte, chemicals, etc.

will be strictly liable for it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

legal defense

A

assumption of risk

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

assumption of risk

A

i knew of it and did it anyways

look for sign that says flying rocks, beware of peril

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Product liability

A

bought or using a product and it breaks and doesnt work properly

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

three theories of product liability

A

1) negligence- someone did something and didn’t tell me for it to work
2) breach warranty- sticker on box
3) SPL- Left in a defective condition, sold a commercial seller, used in a foreseeable manner, to a foreseeable user

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

manufacturing defect

A

commercial seller

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

foreseeable user

A

anyone who can be seen to use it in a manner to use it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

defective

A

i bought it and it does not work

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Inadequate or failure to warn

A

just look for it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

strict product liability in tort

A

this means product liability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

defense

A

assumption of risk

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

misuse

A

if it is defective they will be liable, but if it is misuse, it is a defense.