Deck 9: Strict Liability

Question 1

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

Answer 1

False

Question 2

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

Answer 2

True

Question 3

MATCHING
a.strict liability
b.wild animal
c.actual cause
d.dangerous propensity
e.proximate cause
f.domestic animal
g.legal cause
h.assumption of the risk
i.contributory negligence
being the foreseeable consequence of the original risk

Answer 3

B

Question 4

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 5

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

Question 6

MATCHING
a.strict liability
b.wild animal
c.actual cause
d.dangerous propensity
e.proximate cause
f.domestic animal
g.legal cause
h.assumption of the risk
i.contributory negligence
the failure of the plaintiff to take reasonable precautions for his or her own safety

Question 7

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

Question 8

List three main categories of torts.

Question 9

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 10

MATCHING
a.strict liability
b.wild animal
c.actual cause
d.dangerous propensity
e.proximate cause
f.domestic animal
g.legal cause
h.assumption of the risk
i.contributory negligence
actual cause and legal cause

Question 11

MATCHING
a.strict liability
b.wild animal
c.actual cause
d.dangerous propensity
e.proximate cause
f.domestic animal
g.legal cause
h.assumption of the risk
i.contributory negligence
animal in the state of nature

Question 12

MATCHING
a.strict liability
b.wild animal
c.actual cause
d.dangerous propensity
e.proximate cause
f.domestic animal
g.legal cause
h.assumption of the risk
i.contributory negligence
but for or substantial factor

Question 13

Give three names for responsibility regardless of fault.

Question 14

MATCHING
a.strict liability
b.wild animal
c.actual cause
d.dangerous propensity
e.proximate cause
f.domestic animal
g.legal cause
h.assumption of the risk
i.contributory negligence
knowing and voluntary acceptance of a danger

Question 15

MATCHING
a.strict liability
b.wild animal
c.actual cause
d.dangerous propensity
e.proximate cause
f.domestic animal
g.legal cause
h.assumption of the risk
i.contributory negligence
animal habituated to live among humans

Question 16

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 17

Every dog is entitled to one free bite.

Question 18

MATCHING
a.strict liability
b.wild animal
c.actual cause
d.dangerous propensity
e.proximate cause
f.domestic animal
g.legal cause
h.assumption of the risk
i.contributory negligence
responsibility for harm whether caused innocently, intentionally, or negligently

Question 19

What is a major distinction between strict liability torts and intentional torts?

Question 20

MATCHING
a.strict liability
b.wild animal
c.actual cause
d.dangerous propensity
e.proximate cause
f.domestic animal
g.legal cause
h.assumption of the risk
i.contributory negligence
a tendency to cause damage or harm

Question 21

What did the Rylands case hold?

Question 22

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

Question 23

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?