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Strict Liability
Torts II - SL
| Question | Answer |
|---|---|
| SL - 3 Bases of Tort Liability | Intent Negligence Strict Liability |
| SL - Roaming animals | Generally, keepers of roaming animals are SL for any harm the animal causes. EXCEPTION: Dogs/cats, livestock straying on highways |
| SL - Animals - Livestock Statutes | Fencing in Fencing out SL No liability without fault |
| SL - Animals - Wild v. Domestic | * Inherent nature of the species (untabable v. tamable) * In service to humans in locale (customarily kept or not) |
| SL - Animals - Wild | Generally, keepers of wild animals are SL for harm, where P's harm results from animals dangerous nature (unless exception, e.g. zoo keeper statutes) |
| SL - Animals - Domestic | Generally, keepers are NOT SL unless: Keeper knew or had reason to know of the animal's dangerous propensity, or a stautory provision modifies CL |
| SL - Activities - Approaches for determining SL | Rylands v. Fletcher Ultrahazardous activities (minority) Abnormally Dangerous activities (majority) |
| SL - Activities - Rylands v. Fletcher | Both courts rule in favor of P, the mine owner. Further, both held D SL for damages from water that "escaped" D's reservoir |
| SL - Lord Blackburn | Person who, for his own purpose, brings on his land and keeps anything likely to do mischief if it escapes, "must keep it in at his own peril" |
| SL - Lord Cairns | SL applies to "non-natural" uses of land, which cause P harm |
| SL - Activities - Ryland v. Fletcher | SL applies to "non-natural" uses of property that cause P damage (other than customary uses) |
| SL - Activities - Abnormally Dangerous | Dynamite blasting, toxic chemical storage, pile driving, crop dusting (juris splits), fumigation, rocket testing, firework displays (juris splits), hazardous waste disposal, storage of large quantities of water |
| SL - Abnormally Dangerous Activities - R2d Factors | 1. High risk of some harm (high probability 2. Likelihood of great harm (high magnitude) 3. Inability to eliminate risk with reasonable care 4. Extent not of common usage 5. Inappropriateness location 6. Value to community outweighed by danger of act |
| SL - R3d - Abnormally Dangerous | * If it creates a foreseeable and highly significant risk of physical harm * Even when reasonable care is exercised and * Is not one of common usage |
Created by:
PrGrd
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