Deck 10: Strict or Absolute Liability

Question 1

Proximate cause, as applied to absolute liability cases, is substantially different from the term as used in negligence cases.

Answer 1

False

Question 2

The Restatement (Second) of Torts § 520 states that

A) persons engaged in abnormally dangerous activities shall be strictly liable for injuries caused by their actions.
B) owners of ferae naturae are absolutely liable for the injuries their property causes.
C) persons undertaking abnormally dangerous activities should exercise reasonable care.
D) persons injured by abnormally dangerous activities assume the risk if they voluntarily engage in such activities.

Answer 2

A

Question 3

Abnormally dangerous activities are inherently perilous because of the actions and devices involved.

Answer 3

True

Question 4

An ultrahazardous activity must proximately cause the plaintiff's injuries in order for the defendant to be held strictly liable.

Question 5

Domitae naturae refers to

A) wild animals.
B) domestic animals.
C) dead animals.
D) stray animals.

Question 6

Fault is irrelevant to strict liability cases.

Question 7

At common law, absolute liability can apply to domestic animals under which rule?

A) Ferae naturae
B) Attack dog
C) Vicious propensity
D) Restatement (Second) of Torts § 520

Question 8

Which of the following defenses applies to animal-owner liability cases?

A) Assumption of risk
B) Contributory negligence
C) Comparative negligence
D) All of these choices.

Question 9

In which of the following cases could strict liability apply?

A) Injuries caused by wild animals
B) Injuries caused by explosives
C) Injuries caused by toxic wastes
D) All of these choices.

Question 10

The common usage principle states that

A) animals used in common agricultural pursuits are presumed harmless.
B) ultrahazardous activities are those that can be avoided through the use of reasonable care.
C) abnormally dangerous activities are those that are not commonly undertaken in everyday life.
D) domestic animals are those commonly used near human habitations.

Question 11

There must be a low risk of injury in ultrahazardous activity cases.

Question 12

The risks of an abnormally dangerous activity must outweigh the benefits the activity brings to the community in order for absolute liability to apply.

Question 13

Abnormally dangerous activities are those that are inappropriately performed in the place in which the victim was harmed.

Question 14

Which of the following is not an example of strict liability?

A) While exterminating insects at a diner, Webster sprayed carcinogenic pesticides onto the restaurant's food preparation surfaces.
B) Mr. Major's prize pig, Fred, takes a liking to Kim's authentic first-century miniature Roman statue of Caesar, breaking off the stone figure at the base.
C) Andi's wild horse, which she purchased from the federal Bureau of Land Management, stomps on Mason's foot.
D) Patrick uses dynamite to remove tree trunks on his farm, causing windows in neighbor Christian's house to shatter.

Question 15

Ferae naturae refers to

A) wild animals.
B) domestic animals.
C) dead animals.
D) stray animals.

Question 16

Reasonable care is an important factor in wild animal injury cases.

Question 17

Which of the following examples best illustrates absolute liability?

A) Bob's pet python snake attacked Craig.
B) While mixing acids in her laboratory, Dr. Ehlers spilled a vial on Ami's shirt.
C) Jadie's pit bull terrier, known in the neighborhood as ill-tempered and vicious, attacked Stephanie.
D) All of these choices.

Question 18

A mass tort occurs when

A) many people are injured as the result of multiple tortious acts.
B) many people are injured as the result of a single tortious act.
C) many people file a single claim in a products liability lawsuit.
D) a single person files a lawsuit for himself or herself and other persons in the same situation.

Question 19

Under the common usage principle, an abnormally dangerous activity is one that is not commonly undertaken in everyday life.

Question 20

The vicious propensity rule applies to ferae naturae .

Question 21

Proximate cause is important to which of the following tort cases?

A) Wild animal-owner liability cases
B) Abnormally dangerous activity cases
C) Vicious domestic animal cases
D) All of these choices.

Question 22

The duty of reasonable care is important to which of the following tort cases?

A) Wild animal-owner liability cases
B) Abnormally dangerous activity cases
C) Vicious domestic animal cases
D) None of these choices.

Question 23

In which cases would a court most likely apply a balancing test comparing the benefits to the hazards of a particular activity?

A) Negligence cases
B) Intentional tort cases
C) Abnormally dangerous activity cases
D) All of these choices.

Question 24

What distinguishes strict liability from negligence?

A) Fault is irrelevant to strict liability but is important to negligence.
B) Intent is critical to strict liability but not to negligence.
C) Proximate cause is necessary to negligence but irrelevant to strict liability.
D) None of these choices.

Question 25

What is one of the public policy justifications for absolute liability?

A) People who intend to injure others should be held accountable for their actions.
B) People engaged in certain dangerous activities should bear the risk of liability.
C) People engaged in careless activities should bear the risk of liability.
D) None of these choices.