Deck 9: Strict Liability

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Question
Every dog is entitled to one free bite.
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Question
Neighbors are injured when Ted explodes a stick of dynamite in his back yard in a residential neighborhood.

A) To recover for their injuries, the neighbors must show that Ted was negligent.
B) To recover for their injuries, the neighbors do not have to show that Ted was negligent.
C) To recover for their injuries, the neighbors must show that Ted intended their injuries.
D) To recover for their injuries, the neighbors must show that Ted violated a safety statute.
Question
Contributory negligence is a defense to the tort of strict liability for abnormally dangerous activities or conditions.
Question
Assumption of the risk is a defense to the tort of strict liability for abnormally dangerous activities or conditions.
Question
Liability for harm caused by wild animals requires a showing of negligence or the intent to harm.
Question
What is a major distinction between strict liability torts and intentional torts?
Question
Match between columns
knowing and voluntary acceptance of a danger
domestic animal
knowing and voluntary acceptance of a danger
actual cause
knowing and voluntary acceptance of a danger
legal cause
knowing and voluntary acceptance of a danger
strict liability
knowing and voluntary acceptance of a danger
wild animal
knowing and voluntary acceptance of a danger
dangerous propensity
knowing and voluntary acceptance of a danger
proximate cause
knowing and voluntary acceptance of a danger
contributory negligence
knowing and voluntary acceptance of a danger
assumption of the risk
Question
Match between columns
the failure of the plaintiff to take reasonable precautions for his or her own safety
domestic animal
the failure of the plaintiff to take reasonable precautions for his or her own safety
actual cause
the failure of the plaintiff to take reasonable precautions for his or her own safety
legal cause
the failure of the plaintiff to take reasonable precautions for his or her own safety
strict liability
the failure of the plaintiff to take reasonable precautions for his or her own safety
wild animal
the failure of the plaintiff to take reasonable precautions for his or her own safety
dangerous propensity
the failure of the plaintiff to take reasonable precautions for his or her own safety
proximate cause
the failure of the plaintiff to take reasonable precautions for his or her own safety
contributory negligence
the failure of the plaintiff to take reasonable precautions for his or her own safety
assumption of the risk
Question
Ralph's cat is very friendly except when a stranger touches its tail. One day a stranger tries to pet the cat but is badly scratched when the petting includes the cat's tail.

A) Ralph is strictly liable for the injury caused by the cat if Ralph was negligent in preventing the injury.
B) Ralph is strictly liable for the injury caused by the cat because the cat's tendency to injure people takes it out of the category of domestic animals.
C) Ralph is strictly liable for the injury caused by the cat if Ralph knew that the cat had caused similar injuries in the past.
D) Ralph is strictly liable for the injury caused by the cat if the cat did not have a dangerous propensity.
Question
Match between columns
actual cause and legal cause
domestic animal
actual cause and legal cause
actual cause
actual cause and legal cause
legal cause
actual cause and legal cause
strict liability
actual cause and legal cause
wild animal
actual cause and legal cause
dangerous propensity
actual cause and legal cause
proximate cause
actual cause and legal cause
contributory negligence
actual cause and legal cause
assumption of the risk
Question
Match between columns
a tendency to cause damage or harm
domestic animal
a tendency to cause damage or harm
actual cause
a tendency to cause damage or harm
legal cause
a tendency to cause damage or harm
strict liability
a tendency to cause damage or harm
wild animal
a tendency to cause damage or harm
dangerous propensity
a tendency to cause damage or harm
proximate cause
a tendency to cause damage or harm
contributory negligence
a tendency to cause damage or harm
assumption of the risk
Question
Strict liability in tort covers liability for harm caused by products.
Question
List three main categories of torts.
Question
Match between columns
animal in the state of nature
domestic animal
animal in the state of nature
actual cause
animal in the state of nature
legal cause
animal in the state of nature
strict liability
animal in the state of nature
wild animal
animal in the state of nature
dangerous propensity
animal in the state of nature
proximate cause
animal in the state of nature
contributory negligence
animal in the state of nature
assumption of the risk
Question
The owner of a wild animal must have actual knowledge of its dangerous propensity to be liable for the harm caused by that propensity.
Question
Give three names for responsibility regardless of fault.
Question
When is a condition or activity abnormally dangerous for purposes of imposing strict liability?
Question
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?
Question
What did the Rylands case hold?
Question
Match between columns
responsibility for harm whether caused innocently, intentionally, or negligently
domestic animal
responsibility for harm whether caused innocently, intentionally, or negligently
actual cause
responsibility for harm whether caused innocently, intentionally, or negligently
legal cause
responsibility for harm whether caused innocently, intentionally, or negligently
strict liability
responsibility for harm whether caused innocently, intentionally, or negligently
wild animal
responsibility for harm whether caused innocently, intentionally, or negligently
dangerous propensity
responsibility for harm whether caused innocently, intentionally, or negligently
proximate cause
responsibility for harm whether caused innocently, intentionally, or negligently
contributory negligence
responsibility for harm whether caused innocently, intentionally, or negligently
assumption of the risk
Question
Match between columns
being the foreseeable consequence of the original risk
domestic animal
being the foreseeable consequence of the original risk
actual cause
being the foreseeable consequence of the original risk
legal cause
being the foreseeable consequence of the original risk
strict liability
being the foreseeable consequence of the original risk
wild animal
being the foreseeable consequence of the original risk
dangerous propensity
being the foreseeable consequence of the original risk
proximate cause
being the foreseeable consequence of the original risk
contributory negligence
being the foreseeable consequence of the original risk
assumption of the risk
Question
Match between columns
but for or substantial factor
domestic animal
but for or substantial factor
actual cause
but for or substantial factor
legal cause
but for or substantial factor
strict liability
but for or substantial factor
wild animal
but for or substantial factor
dangerous propensity
but for or substantial factor
proximate cause
but for or substantial factor
contributory negligence
but for or substantial factor
assumption of the risk
Question
Match between columns
animal habituated to live among humans
domestic animal
animal habituated to live among humans
actual cause
animal habituated to live among humans
legal cause
animal habituated to live among humans
strict liability
animal habituated to live among humans
wild animal
animal habituated to live among humans
dangerous propensity
animal habituated to live among humans
proximate cause
animal habituated to live among humans
contributory negligence
animal habituated to live among humans
assumption of the risk
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Deck 9: Strict Liability
1
Every dog is entitled to one free bite.
False
2
Neighbors are injured when Ted explodes a stick of dynamite in his back yard in a residential neighborhood.

A) To recover for their injuries, the neighbors must show that Ted was negligent.
B) To recover for their injuries, the neighbors do not have to show that Ted was negligent.
C) To recover for their injuries, the neighbors must show that Ted intended their injuries.
D) To recover for their injuries, the neighbors must show that Ted violated a safety statute.
B
3
Contributory negligence is a defense to the tort of strict liability for abnormally dangerous activities or conditions.
False
4
Assumption of the risk is a defense to the tort of strict liability for abnormally dangerous activities or conditions.
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5
Liability for harm caused by wild animals requires a showing of negligence or the intent to harm.
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6
What is a major distinction between strict liability torts and intentional torts?
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7
Match between columns
knowing and voluntary acceptance of a danger
domestic animal
knowing and voluntary acceptance of a danger
actual cause
knowing and voluntary acceptance of a danger
legal cause
knowing and voluntary acceptance of a danger
strict liability
knowing and voluntary acceptance of a danger
wild animal
knowing and voluntary acceptance of a danger
dangerous propensity
knowing and voluntary acceptance of a danger
proximate cause
knowing and voluntary acceptance of a danger
contributory negligence
knowing and voluntary acceptance of a danger
assumption of the risk
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8
Match between columns
the failure of the plaintiff to take reasonable precautions for his or her own safety
domestic animal
the failure of the plaintiff to take reasonable precautions for his or her own safety
actual cause
the failure of the plaintiff to take reasonable precautions for his or her own safety
legal cause
the failure of the plaintiff to take reasonable precautions for his or her own safety
strict liability
the failure of the plaintiff to take reasonable precautions for his or her own safety
wild animal
the failure of the plaintiff to take reasonable precautions for his or her own safety
dangerous propensity
the failure of the plaintiff to take reasonable precautions for his or her own safety
proximate cause
the failure of the plaintiff to take reasonable precautions for his or her own safety
contributory negligence
the failure of the plaintiff to take reasonable precautions for his or her own safety
assumption of the risk
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9
Ralph's cat is very friendly except when a stranger touches its tail. One day a stranger tries to pet the cat but is badly scratched when the petting includes the cat's tail.

A) Ralph is strictly liable for the injury caused by the cat if Ralph was negligent in preventing the injury.
B) Ralph is strictly liable for the injury caused by the cat because the cat's tendency to injure people takes it out of the category of domestic animals.
C) Ralph is strictly liable for the injury caused by the cat if Ralph knew that the cat had caused similar injuries in the past.
D) Ralph is strictly liable for the injury caused by the cat if the cat did not have a dangerous propensity.
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10
Match between columns
actual cause and legal cause
domestic animal
actual cause and legal cause
actual cause
actual cause and legal cause
legal cause
actual cause and legal cause
strict liability
actual cause and legal cause
wild animal
actual cause and legal cause
dangerous propensity
actual cause and legal cause
proximate cause
actual cause and legal cause
contributory negligence
actual cause and legal cause
assumption of the risk
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11
Match between columns
a tendency to cause damage or harm
domestic animal
a tendency to cause damage or harm
actual cause
a tendency to cause damage or harm
legal cause
a tendency to cause damage or harm
strict liability
a tendency to cause damage or harm
wild animal
a tendency to cause damage or harm
dangerous propensity
a tendency to cause damage or harm
proximate cause
a tendency to cause damage or harm
contributory negligence
a tendency to cause damage or harm
assumption of the risk
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12
Strict liability in tort covers liability for harm caused by products.
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13
List three main categories of torts.
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14
Match between columns
animal in the state of nature
domestic animal
animal in the state of nature
actual cause
animal in the state of nature
legal cause
animal in the state of nature
strict liability
animal in the state of nature
wild animal
animal in the state of nature
dangerous propensity
animal in the state of nature
proximate cause
animal in the state of nature
contributory negligence
animal in the state of nature
assumption of the risk
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15
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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16
Give three names for responsibility regardless of fault.
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17
When is a condition or activity abnormally dangerous for purposes of imposing strict liability?
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18
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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19
What did the Rylands case hold?
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20
Match between columns
responsibility for harm whether caused innocently, intentionally, or negligently
domestic animal
responsibility for harm whether caused innocently, intentionally, or negligently
actual cause
responsibility for harm whether caused innocently, intentionally, or negligently
legal cause
responsibility for harm whether caused innocently, intentionally, or negligently
strict liability
responsibility for harm whether caused innocently, intentionally, or negligently
wild animal
responsibility for harm whether caused innocently, intentionally, or negligently
dangerous propensity
responsibility for harm whether caused innocently, intentionally, or negligently
proximate cause
responsibility for harm whether caused innocently, intentionally, or negligently
contributory negligence
responsibility for harm whether caused innocently, intentionally, or negligently
assumption of the risk
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21
Match between columns
being the foreseeable consequence of the original risk
domestic animal
being the foreseeable consequence of the original risk
actual cause
being the foreseeable consequence of the original risk
legal cause
being the foreseeable consequence of the original risk
strict liability
being the foreseeable consequence of the original risk
wild animal
being the foreseeable consequence of the original risk
dangerous propensity
being the foreseeable consequence of the original risk
proximate cause
being the foreseeable consequence of the original risk
contributory negligence
being the foreseeable consequence of the original risk
assumption of the risk
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22
Match between columns
but for or substantial factor
domestic animal
but for or substantial factor
actual cause
but for or substantial factor
legal cause
but for or substantial factor
strict liability
but for or substantial factor
wild animal
but for or substantial factor
dangerous propensity
but for or substantial factor
proximate cause
but for or substantial factor
contributory negligence
but for or substantial factor
assumption of the risk
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23
Match between columns
animal habituated to live among humans
domestic animal
animal habituated to live among humans
actual cause
animal habituated to live among humans
legal cause
animal habituated to live among humans
strict liability
animal habituated to live among humans
wild animal
animal habituated to live among humans
dangerous propensity
animal habituated to live among humans
proximate cause
animal habituated to live among humans
contributory negligence
animal habituated to live among humans
assumption of the risk
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