Exam 9: Strict Liability

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Contributory negligence is a defense to the tort of strict liability for abnormally dangerous activities or conditions.

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False

If the plaintiff is not able to establish the elements of strict liability for abnormally dangerous conditions or activities, what other theories of liability should he or she explore to cover the damage defendant caused to the plaintiff's land?

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negligence, trespass to land, or nuisance

Neighbors are injured when Ted explodes a stick of dynamite in his back yard in a residential neighborhood.

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B

Give three names for responsibility regardless of fault.

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Match the following
Premises:
a tendency to cause damage or harm
Responses:
legal cause
proximate cause
strict liability
Correct Answer:
Verified
Premises:
Responses:
a tendency to cause damage or harm
legal cause
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The owner of a wild animal must have actual knowledge of its dangerous propensity to be liable for the harm caused by that propensity.

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Match the following
Premises:
responsibility for harm whether caused innocently, intentionally, or negligently
Responses:
proximate cause
strict liability
assumption of the risk
Correct Answer:
Verified
Premises:
Responses:
responsibility for harm whether caused innocently, intentionally, or negligently
proximate cause
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Match the following
Premises:
but for or substantial factor
Responses:
dangerous propensity
strict liability
actual cause
Correct Answer:
Verified
Premises:
Responses:
but for or substantial factor
dangerous propensity
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Every dog is entitled to one free bite.

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Strict liability in tort covers liability for harm caused by products.

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Liability for harm caused by wild animals requires a showing of negligence or the intent to harm.

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When is a condition or activity abnormally dangerous for purposes of imposing strict liability?

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Match the following
Premises:
actual cause and legal cause
Responses:
actual cause
dangerous propensity
proximate cause
Correct Answer:
Verified
Premises:
Responses:
actual cause and legal cause
actual cause
(Matching)
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Match the following
Premises:
animal habituated to live among humans
Responses:
domestic animal
dangerous propensity
proximate cause
Correct Answer:
Verified
Premises:
Responses:
animal habituated to live among humans
domestic animal
(Matching)
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Match the following
Premises:
being the foreseeable consequence of the original risk
Responses:
proximate cause
dangerous propensity
contributory negligence
Correct Answer:
Verified
Premises:
Responses:
being the foreseeable consequence of the original risk
proximate cause
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Match the following
Premises:
knowing and voluntary acceptance of a danger
Responses:
proximate cause
wild animal
actual cause
Correct Answer:
Verified
Premises:
Responses:
knowing and voluntary acceptance of a danger
proximate cause
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What did the Rylands case hold?

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Assumption of the risk is a defense to the tort of strict liability for abnormally dangerous activities or conditions.

(True/False)
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Match the following
Premises:
animal in the state of nature
Responses:
strict liability
legal cause
assumption of the risk
Correct Answer:
Verified
Premises:
Responses:
animal in the state of nature
strict liability
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What is a major distinction between strict liability torts and intentional torts?

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