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1What is strict liability, and when is it imposed?
2What are the three main situations in which strict liability will apply?
3What is the test for determining whether strict liability may be imposed for injuries caused by a defendant’s abnormally dangerous activity?
4For purposes of determining whether strict liability may be imposed for harm caused by an abnormally dangerous activity, will an activity be deemed...
5Does the eggshell-skull plaintiff rule apply in the context of strict liability for an abnormally dangerous activity?
6Generally, is the question of whether an activity is abnormally dangerous a matter of law for a judge to decide?
7A demolition company was hired to blow up an abandoned building in a jurisdiction that applied strict liability to dynamite-blasting activities. Th...
8A railroad company regularly shipped and stored explosives. One night, a disgruntled former railroad employee entered the company’s rail yard, inte...
9A farmer hired an independent contractor to remove a beaver dam from a stream that ran across the farmer’s land. A week earlier, the farmer had tri...
10A photographer learned that an old building was scheduled to be demolished. The photographer traveled to the building site on the day of demolition...
11If a defendant’s abnormally dangerous activity causes harms to a plaintiff that would not have occurred but for the plaintiff’s abnormally sensitiv...
12Of the three factors that determine whether strict liability may be imposed for injuries caused by a defendant’s abnormally dangerous activity, whi...
13May an actor avoid potential strict liability for an abnormally dangerous activity by hiring an independent contractor to conduct the activity?
14Is the intervention of an unexpected force of nature a defense to strict liability for harm caused by a defendant’s abnormally dangerous activity?
15Can strict liability apply if a defendant’s animal harms the plaintiff?
16Under the common law, what animals are considered livestock?
17What is the tort liability for an owner of trespassing livestock?
18At common law, is an owner strictly liable for harm caused by livestock that intrudes upon the land of another?
19Is a livestock owner strictly liable for personal injury caused by livestock, aside from trespassing livestock?
20A rancher exercised the utmost care to contain his cattle. Despite the rancher’s reasonable care, one day, a baby calf escaped and squeezed through...
21Under the common law, what animals are considered domesticated animals?
22What must a plaintiff demonstrate to hold the owner of a domesticated animal (e.g., a dog) strictly liable for harm resulting from the animal’s act...
23A dog owner lived near the airport. To the owner’s dismay, the dog developed an unusual habit of sneaking onto the airport runway area and chasing ...
24Under the common law, what animals are considered wild animals?
25Is the owner of a wild animal strictly liable for any harm caused by the animal?
26A pet chimpanzee escaped its owner’s home, despite the owner’s taking all reasonable precautions to contain the animal. The escaped chimpanzee went...
27May someone who harbors a wild animal without formally owning it be held strictly liable for harm caused by the wild animal?
28A hotel guest at a resort was lounging peacefully by the pool. The hotel was bordered on one side by undeveloped swamp. A rabid mongoose entered th...
29In a contributory-negligence jurisdiction, is ordinary contributory negligence a defense to strict liability?
30Is assumption of the risk a defense to strict liability for an abnormally dangerous activity?
31Can a plaintiff’s demonstration of a heightened degree of fault by knowingly and unreasonably confronting a risk of harm created by an animal or ab...
32If an injured plaintiff voluntarily interacted with an animal or engaged in an abnormally dangerous activity in order to gain some benefit, can tha...
33If a plaintiff is injured by an animal or an abnormally dangerous activity while wilfully trespassing on the defendant’s property, is the defendant...
34What are the elements of a products-liability claim?
35If a plaintiff is asserting a strict-liability claim, must the plaintiff demonstrate that the defendant’s conduct was a proximate cause of the plai...
36A firefighter purchased a new alarm clock that had a manufacturing defect. The next morning, due to the defect, the alarm clock failed to go off at...
37What does it mean if a product is defective per se?
38What is a manufacturing defect?
39In products-liability law, what are the three main categories of actionable product defects?
40Is the seller of a product strictly liable for injuries caused by defects introduced into the product after it leaves the seller’s hands?
41In products-liability law, what is the consumer-expectation test for design defects?
42In products-liability law, what is the risk-utility test for design defects?
43In products-liability law, what are the two main doctrinal tests for determining whether a product has a design defect?
44Is a manufacturer’s high level of quality control a defense to a products-liability claim for manufacturing flaws or defects?
45A company sold a device that attached to a vehicle and created the sound and light signal of an emergency siren. Purchasers used the device to spee...
46The purchaser of a brand-new sports car had driven the car for just a few miles when the driver’s seat unexpectedly collapsed backward, causing the...
47If a plaintiff relies on the risk-utility test as a basis for a strict-liability claim, must the plaintiff propose a reasonable alternative to the ...
48What are the factors a court generally examines to determine whether a plaintiff’s proposed alternative to a challenged design defect is reasonable?
49For purposes of products-liability law, is posing a significant risk of harm enough to make a product unreasonably dangerous to the consumer and, t...
50What is an informational defect in the context of products liability?
51Are sellers required to provide warnings for product risks if the risks are open and obvious to a reasonable consumer?
52What constitutes a reasonable product warning or instruction?
53What information must a reasonable product warning contain?
54What are the requirements for the presentation of a reasonable product warning or instruction?
55May a product seller avoid liability for manufacturing defects or design defects in a product if the product is accompanied by reasonable warnings ...
56What is the learned intermediary rule in products liability?
57A patient contracted a serious infection after receiving an allergy medication through an intravenous injection. The manufacturer of the medication...
58In products-liability law, what is the heeding presumption?
59A man read the instructions to a new snowblower. The instructions warned users not to clear jammed snow from the blower while the engine was runnin...
60What is the theory of strict products liability?
61What are the elements of strict products liability?
62What is a commercial supplier for purposes of strict products liability?
63Do the principles of products liability ever apply to the provision of services?
64What is a blood shield statute?
65May a factfinder infer that the plaintiff’s harm was caused by a defect that existed when a product left the defendant’s control without proof of a...
66Are the defenses to strict products liability the same defenses that apply to strict liability in other contexts?
67A man bought a lawn mower with a kill switch that deactivated the engine whenever the operator let go of a squeeze bar on the mower handle. The man...
68In general, may a consumer injured by a defective product recover against any party in the chain of distribution?
69If an intermediate seller in a chain of distribution pays damages to a plaintiff arising from a strict-products-liability claim, does the intermedi...
70If a plaintiff cannot satisfy the requirements for strict products liability, may the plaintiff still recover in products liability under a neglige...
71What must a plaintiff prove in order to hold a manufacturer liable under a theory of negligence in products liability?
72May a plaintiff rely on res ipsa loquitur to prove a manufacturer’s negligence?
73What must a plaintiff prove in a negligence claim against a manufacturer for a design defect or informational defect?
74Will an intermediate seller of a defective product be held liable in products liability on negligence grounds?
75Does the fact that an intermediate seller negligently sold a product absolve the initial manufacturer of liability under proximate-cause principles?
76Is a plaintiff’s unforeseeable misuse of a product a superseding cause that could relieve a defendant manufacturer of liability?
77Are the defenses to negligence in products-liability actions the same as in any other negligence case?
78Historically, what limitation did the privity rule put on a plaintiff’s ability to bring a claim for a harm caused by a product?
79What are the main tort-based theories of products liability?
80What types of damages may a plaintiff recover under one of the tort-based theories of products liability?
81What types of damages may a plaintiff recover under one of the contract-based theories of products liability?
82Generally, if a defect in a consumer product causes damage to the product itself but no other harm, may the consumer seek recovery for the economic...
83A consumer purchased a new toaster. The first time the consumer used the toaster, it erupted in sparks and smoke due to faulty wiring. Luckily, the...
84What is the name of the implied warranty that requires a seller to guarantee that its products are free of defects and meet general standards of ac...
85What are the four elements for strict products liability?
86To prove a design defect using the risk-utility test, the plaintiff must present a reasonable alternative design that meets what four criteria?
87A court may permit an inference that a manufacturing defect existed at the point of sale if:(1) the ________ typically occurs only because of a ___...
88In the products-liability context, what is the difference between a manufacturing defect and a design defect?
89In a products-liability action based on a negligence theory, the victim must prove that:(1) the manufacturer owed a ________ to avoid putting _____...
All flashcards
89 cards