Save
Busy. Please wait.
Log in with Clever
or

show password
Forgot Password?

Don't have an account?  Sign up 
Sign up using Clever
or

Username is available taken
show password


Make sure to remember your password. If you forget it there is no way for StudyStack to send you a reset link. You would need to create a new account.
Your email address is only used to allow you to reset your password. See our Privacy Policy and Terms of Service.


Already a StudyStack user? Log In

Reset Password
Enter the associated with your account, and we'll email you a link to reset your password.
focusNode
Didn't know it?
click below
 
Knew it?
click below
Don't Know
Remaining cards (0)
Know
0:00
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.

  Normal Size     Small Size show me how

Torts

Strict Liability & Nuisance

TermDefinition
Strict liability: Used for certain torts because ______ 1) High risk 2) Likelihood of creating injury is high 3) Use of reasonable care doesn't negate the risk
Strict Liability: Purpose 1) Encourages people to forego high risk activities, limiting injuries 2) Encourages those who continue high risk activities to take precautionary measures 3) Foces the CCA to absorb the cost of the abnormally high risk
Strict Liability: Animals - Wild Animals If it has a habit of returning, its domestic Exception: Most states have passed statutes excepting zoos Possession: You exercise dominion and control over the animal
Strict Liability: Animals - Domestic Animals A domestic animal D knows or should have known to have vicious propensities One Free Bite Rule: P can't use the attack in question as evidence of viciousness Vicious propensities determined by animal's history or behavioral indicators
Strict Liability: Animals - Livestock D is strictly liable when his cattle trespass onto P's property
Strict Liability: Ultra-hazardous Activities - 2nd Res. § 519 Even if utmost care is used to prevent harm, person is still responsible for harm caused to the person, land, or chattels Kind of harm limited to that which makes the activity abnormally dangerous
Strict Liability: Ultra-hazardous Activities - 2nd Res. § 520 (a-c) Determining if activity is abnormally dangerous: a) Existence of high degree of risk of harm to person, land, chattel b) Likelihood that harm that results will be great c) Inability to eliminate risk by exercise of reasonable care
Strict Liability: Ultra-hazardous Activities - 2nd Res. § 520 (d-f) d) Extent to which the activity is not a matter of common usage e) Inappropriateness of the activity in the place where its carried out f) Extent to which its value to community is outweighed by its dangers attributes Cost-benefit analysis!
Nuisance: Private Nuisance - Elements D's conduct is an invasion of another's interest in the private use and enjoyment of land and the invasion is either 1) Intentional and unreasonable or 2) Unintentional and negligent or abnormally dangerous
Nuisance: Private Nuisance - Def and Theories Def: An ongoing interference with the use and enjoyment of P's land Theories: Coase - says the market will decide between the two conflicting uses
Nuisance: Private Nuisance - Not Nuisances 1) Blocking light Exception: Spite fences 2) Aesthetic "Nuisances" - Nuisance where someone uses their property in an obnoxious way Generally unsuccessful (unless D's actions lower value of surrounding properties) 3) Harm done to the extra-sensitive P
Nuisance: Takings Takings Clause: No person shall be deprived of LLP w/o due process; nor shall private property be taken for public use w/o just comp Takings Revolution: Court recognizes that nuisance remains valid reason for a state to regulate private land w/o comp
Nuisance: Public Nuisance Def: An unreasonable interference w/ a right common to the gen. public Gov't can bring a public nuisance claim Indiv. can only bring pub. nuisance claim if there is a harm suffered by gen. pub. but that P suffered a unique harm
Created by: corey.combs
Popular Law sets

 

 



Voices

Use these flashcards to help memorize information. Look at the large card and try to recall what is on the other side. Then click the card to flip it. If you knew the answer, click the green Know box. Otherwise, click the red Don't know box.

When you've placed seven or more cards in the Don't know box, click "retry" to try those cards again.

If you've accidentally put the card in the wrong box, just click on the card to take it out of the box.

You can also use your keyboard to move the cards as follows:

If you are logged in to your account, this website will remember which cards you know and don't know so that they are in the same box the next time you log in.

When you need a break, try one of the other activities listed below the flashcards like Matching, Snowman, or Hungry Bug. Although it may feel like you're playing a game, your brain is still making more connections with the information to help you out.

To see how well you know the information, try the Quiz or Test activity.

Pass complete!
"Know" box contains:
Time elapsed:
Retries:
restart all cards