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Torts-strict liability

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jwilson3's version from 2017-12-05 04:23

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Define Strict liability?Automatic liability for D's action. Shows D's liability w/o proving negligence. P must have injury
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What are three types of strict liability cases?1) ultrahazardous/abnormally dangerous activity
2) product liability
3) wild animals
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What are the defenses to strict liability1) comparitive negligence
2) assumption of the risk
* No amount of care will relieve D of liability under strict liability
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What are the elements of strict liability1) Nature of D's activity imposes an absolute duty to make safe
2) causation, actual and proximate cause
3) damages/injury to person or property
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Damages for product liabilityP can recover for physical injury or property damage but NOT solely for economic loss
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What are the elements of product liability1) D is a merchant
2) Product is defective
3) Product is unaltered since leaving D's control
4) P used the product in a foreseeable manner
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Name 3 ways a product can be defective1) manufacturing defect
2) design defect
3) inadequate warning
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