Torts SL - MBE

Card Set Information

Torts SL - MBE
2012-06-17 18:26:06
strict liabiility

Torts strict liability for MBE
Show Answers:

  1. What is the definition of SL?
    D is liable for injuring a P whether or not the D exercised due care
  2. Must the P show any fault on the part of the D to recover under SL?
  3. What are the categories for SL?
    • (1) possession of animals
    • (2) abnormally dangerous activities
  4. What is the wild animal rule?
    keeper of hte animal is SL no matter how unforeseeable it is that heh harm would occur
  5. What constitutes a wild animal for purposes of the wild animal rule?
    generally those having known dangerous propensities and aren't customarily devoted to the service of humankind at the time and in the place where it is kept
  6. For what kind of injury is the P entitled to recovery under the wild animal rule?
    the type of injury that is in the nature of the wild animal
  7. When does a domestic pet have known dangerous propensities under the domestic pet rule?
    when a reasonable owner would realize that the animal presented a danger of death or injury
  8. When is an activity abnormally dangerous?
    if it presents an inevitable and high risk of harm AND isn't a normal activity
  9. What are some examples of abnormally dangerous activities?
    • (1) blasting or dynamite
    • (2) crop dusting
    • (3) transporting toxic waste
    • (4) fumigating   
  10. When can a P recover under an abnormally dangerous activity theory?
    when D was involved in the activity and that activity caused the P's injury
  11. What is the proximate cause issue surrounding abnormally dangerous activities?
    P has to be injured by a risk that makes the activity inherently dangerous - other injuries don't qualify and fault won't be proven
  12. Must the harm risked be the harm suffered to recover from an abnormally dangerous activity?
  13. Is contributory negligence a defense under the MBE for SL offenses?
  14. When is contributory negligence a defense under the MBE to SL offenses?
    AoR - where the P knew of the danger that justified the imposition of SL and his contrib caused exactly that danger to be manifested, such contrib will bar the P's recovery if the jurisdiction applies traditional contrib.