Torts--Strict Liability/Nuisance/etc... Flash Cards

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Title: Torts--Strict Liability/Nuisance/etc...
Description: See above
Number of Cards: 20
Save Count: 2
Author: skeemail119
Created: 2010-01-06
Tags: above see
Private No

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    • Question
    • Answer
    • Side 3
    • Strict Liability
    • For strict liability the following elements must be shown:
      i) existence of an absolute duty on the part of the defendant to make safe
      ii) breach of that duty
      iii) breach was the actual and proximate cause
      iv) damage to the P's person or property
    • Animals
    • Domesticated: no strict liability imposed
      *Exception: knowledge of vicious propensities,
      Wild Animals: strict liability
      *liable for the animal's trespasses
      *strict liability not available to trespassers absent owners negligence, however can still be liable for tort
    • Abnormally dangerous activities
    • Strict liability will be imposed relative to the commission of abnormally dangerous activities if the activity creates a foreseeable risk of serious harm even when reasonable care is used and the activity is not a matter of common usage in the community.
    • Products liability
    • Liability of a supplier of a defective product to someone injured by the product
      i) intent
      ii) negligence
      iii) strict liability
      iv) implied warrantied of merchantability and fitness for a particular purpose
      v) express warranty and misrepresentation
    • Strict Products Liability
    • Commercial suppliers of a product have an absolute duty to supply safe products. If D breached this duty by supplying a defective product that has not been altered and injured the P during a foreseeable use of the product, then he will be strictly liable.
      *if in ordinary channels of distribution then it is presumed to not be altered
    • Manufacturing Defects
    • Manufacturing--the product departs from its original design in a way that makes the product more dangerous than consumers would expect
    • Design Defect
    • If an alter native design that would be safer than the version on the marked is economical and practical, then the product will be considered to have a design defect.
    • Inadequate warnings
    • a) If a product has residual risks that cannot be eliminated with a different design and are not apparent to the user, then the product is defective unless it contains a warning
      -must be prominent and calculated to convey information to the user
    • Implied warrantie of Merchantability and fitness
    • Merchantability: goods are of verage accetable quality and are generally fit for the ordinary purpose they are used
      Fitness for a particular purpse: seller knows or has reason to know the particular purpose for which the goods are required and the buyer is relying on the seller's judgment in selecting the goods
      *economic as well as property and personal injury
    • Defenses
    • Contrib no, but comparitve yes
    • Strict Liability
    • For strict liability the following elements must be shown:
      i) existence of an absolute duty on the part of the defendant to make safe
      ii) breach of that duty
      iii) breach was the actual and proximate cause
      iv) damage to the P's person or property
    • Animals
    • Domesticated: no strict liability imposed
      *Exception: knowledge of vicious propensities,
      Wild Animals: strict liability
      *liable for the animal's trespasses
      *strict liability not available to trespassers absent owners negligence, however can still be liable for tort
    • Abnormally dangerous activities
    • Strict liability will be imposed relative to the commission of abnormally dangerous activities if the activity creates a foreseeable risk of serious harm even when reasonable care is used and the activity is not a matter of common usage in the community.
    • Products liability
    • Liability of a supplier of a defective product to someone injured by the product
      i) intent
      ii) negligence
      iii) strict liability
      iv) implied warrantied of merchantability and fitness for a particular purpose
      v) express warranty and misrepresentation
    • Strict Products Liability
    • Commercial suppliers of a product have an absolute duty to supply safe products. If D breached this duty by supplying a defective product that has not been altered and injured the P during a foreseeable use of the product, then he will be strictly liable.
      *if in ordinary channels of distribution then it is presumed to not be altered
    • Manufacturing Defects
    • Manufacturing--the product departs from its original design in a way that makes the product more dangerous than consumers would expect
    • Design Defect
    • If an alter native design that would be safer than the version on the marked is economical and practical, then the product will be considered to have a design defect.
    • Inadequate warnings
    • a) If a product has residual risks that cannot be eliminated with a different design and are not apparent to the user, then the product is defective unless it contains a warning
      -must be prominent and calculated to convey information to the user
    • Implied warrantie of Merchantability and fitness
    • Merchantability: goods are of verage accetable quality and are generally fit for the ordinary purpose they are used
      Fitness for a particular purpse: seller knows or has reason to know the particular purpose for which the goods are required and the buyer is relying on the seller's judgment in selecting the goods
      *economic as well as property and personal injury
    • Defenses
    • Contrib no, but comparitve yes