Which factor most supports classifying an activity as abnormally dangerous?
...y, eliminability, common usage, location, and value. Restatement tort strict-liability principles
Citations: Restatement tort strict-liability principles
Results for “Strict Liability”
A private owner keeps a lion in a secure enclosure. Despite reasonable care, the lion escapes and injures a passerby...
...istic of escaped lions. Which statement is most accurate? Wild-animal strict liability attaches without proof of negligence. Restatement tort strict-liability principles
Citations: Restatement tort strict-liability principles
A company stores toxic gas in a populated area. A leak injures a pedestrian. The same leak causes traffic delays, and...
...s is most clearly within strict-liability scope? Scope of risk limits strict liability. Restatement tort strict-liability principles
Citations: Restatement tort strict-liability principles
A contractor carefully conducts blasting with all feasible precautions. Vibrations from the blast crack a nearby home...
...me's foundation. Which statement is best? Blasting is the classic MBE strict-liability activity. Restatement tort strict-liability principles
Citations: Restatement tort strict-liability principles
A dog owner knows her dog has bitten two mail carriers. The dog bites a guest who is lawfully on the property. What i...
...s a guest who is lawfully on the property. What is the best basis for strict liability? The known dangerous propensity is the trigger. Restatement tort strict-liability principles
Citations: Restatement tort strict-liability principles
A fireworks company conducts a permitted fireworks display. A rocket explodes prematurely and injures a spectator wit...
...le care. Which statement is best? The question distinguishes activity strict liability from products liability. Restatement tort strict-liability principles
Citations: Restatement tort strict-liability principles
A horse with no history of biting gently startles at thunder and knocks over a visitor. The owner had no reason to kn...
...curate? This is a domestic-animal boundary question. Restatement tort strict-liability principles
Citations: Restatement tort strict-liability principles
A mink escapes from a private exotic-animal farm during a storm and bites a neighbor. The farm argues the storm was u...
...used reasonable cages. Which statement is most accurate? Wild-animal strict liability remains bounded by the characteristic risk. Restatement tort strict-liability principles
Citations: Restatement tort strict-liability principles
A plaintiff knowingly climbs over a fence marked "Danger: blasting today" to watch a demolition and is injured by fly...
...ed by flying debris from the blast. Which defense is most relevant to strict liability? Assumption of risk is the most important defense in this fact pattern. Restatement tort strict-liability principles
Citations: Restatement tort strict-liability principles
A plaintiff sues a retailer alleging injury from a defective ladder sold in the ordinary course of business. Which po...
...ourse of business. Which point best explains why this is not the core Strict Liability leaf here? This boundary item keeps the leaf from drifting into products-liability doctrine. Restatement tort strict-liability princi...
Citations: Restatement tort strict-liability principles
Chemical Company transported a highly toxic gas through a downtown area because no alternate route was available. A v...
...no gas entered the shop. Pedestrian and Shop sue Chemical Company on strict liability. Chemical Company argues that transportation is common and that economic losses are too remote. Analyze whether the activity is abnor...
Citations: Restatement tort strict-liability principles
Contractor used explosives to blast rock for a highway project near a residential neighborhood. The blasting was perf...
...ccurred during the same project period. Discuss whether Contractor is strictly liable for the foundation cracks and the broken windows. This essay tests abnormally dangerous activities, blasting, due-care irrelevance, an...
Citations: Restatement tort strict-liability principles
Owner kept a large domestic dog that had twice lunged at delivery drivers and once bit a neighbor. Owner warned invit...
...are domestic animals and that Guest assumed the risk. Guest sues for strict liability and negligence. Owner denies strict liability. Analyze strict liability for the dog bite and the effect of Guest's conduct. The promp...
Citations: Restatement tort strict-liability principles
Rancher kept bees to pollinate crops. Neighbor, who knew of the hives and was allergic to bee stings, entered Rancher...
...e stung Neighbor, causing a severe reaction. Neighbor sues Rancher on strict liability, arguing that bees are dangerous. Rancher argues bees are not wild animals kept for display, the activity is common in the area, and...
Citations: Restatement tort strict-liability principles
Zoo kept a privately owned tiger in a reinforced enclosure at a rural facility. During a power outage, a gate latch f...
...inspection rules and argues it was not negligent. Driver sues Zoo on strict liability. Zoo argues that the tiger never touched Driver and that compliance with safety regulations defeats liability. Discuss Zoo's potentia...
Citations: Restatement tort strict-liability principles
After the plaintiff is harmed, the plaintiff sues and the defendant denies legal responsibility. A consumer was injur...
...analysis? Correct. The answer should identify the governing rule for Strict Liability and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest...
Citations: Restatement (Second) of Torts, Restatement (Third) of Torts
After the plaintiff is harmed, the plaintiff sues and the defendant denies legal responsibility. A consumer was injur...
...analysis? Correct. The answer should identify the governing rule for Strict Liability and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest...
Citations: Restatement (Second) of Torts, Restatement (Third) of Torts
After the plaintiff is harmed, the plaintiff sues and the defendant denies legal responsibility. A consumer was injur...
...analysis? Correct. The answer should identify the governing rule for Strict Liability and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest...
Citations: Restatement (Second) of Torts, Restatement (Third) of Torts
After the plaintiff is harmed, the plaintiff sues and the defendant denies legal responsibility. A consumer was injur...
...accurate? Correct. The answer should identify the governing rule for Strict Liability and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest...
Citations: Restatement (Second) of Torts, Restatement (Third) of Torts
After the plaintiff is harmed, the plaintiff sues and the defendant denies legal responsibility. A consumer was injur...
...The plaintiff seeks recovery for the harm; the defendant argues that liability or the requested remedy fails under the facts shown. How should the court resolve the dispute? Discuss the strongest arguments for each side...
Citations: Restatement (Second) of Torts, Restatement (Third) of Torts
After the plaintiff is harmed, the plaintiff sues and the defendant denies legal responsibility. A consumer was injur...
...y to rule? Correct. The answer should identify the governing rule for Strict Liability and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest...
Citations: Restatement (Second) of Torts, Restatement (Third) of Torts
After the plaintiff is harmed, the plaintiff sues and the defendant denies legal responsibility. A consumer was injur...
...ly result? Correct. The answer should identify the governing rule for Strict Liability and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest...
Citations: Restatement (Second) of Torts, Restatement (Third) of Torts
After the plaintiff is harmed, the plaintiff sues and the defendant denies legal responsibility. A consumer was injur...
...analysis? Correct. The answer should identify the governing rule for Strict Liability and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest...
Citations: Restatement (Second) of Torts, Restatement (Third) of Torts
After the plaintiff is harmed, the plaintiff sues and the defendant denies legal responsibility. A consumer was injur...
...ese facts? Correct. The answer should identify the governing rule for Strict Liability and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest...
Citations: Restatement (Second) of Torts, Restatement (Third) of Torts