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Torts
Strict Liability & Nuisance
| Term | Definition |
|---|---|
| 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