Question 1

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

Accepted Answer

In both absolute liability and negligence cases, proximate cause refers to the primary cause of an injury, but the difference lies in the liability standard, not the concept of causation itself. Absolute liability does not require proof of fault, whereas negligence cases do.

Question 2

The Restatement (Second) of Torts § 520 states that

Accepted Answer

The Restatement (Second) of Torts § 520 specifically addresses the concept of strict liability for those engaged in abnormally dangerous activities, meaning they are liable for injuries caused by these activities regardless of the level of care exercised.

Question 3

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

Accepted Answer

Abnormally dangerous activities are considered inherently perilous due to the high risk associated with the actions and devices involved, regardless of the precautions taken.

Question 4

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

Accepted Answer

In strict liability cases involving ultrahazardous activities, the defendant can be held liable without a showing of negligence, but there must still be a proximate cause linking the activity to the plaintiff's injuries.

Question 5

Domitae naturae refers to

Accepted Answer

"Domitae naturae" is a Latin term that refers to animals that have been tamed or domesticated, hence domestic animals.

Question 6

Fault is irrelevant to strict liability cases.

Accepted Answer

In strict liability cases, the defendant is liable for damages regardless of fault or intention, meaning the focus is on the act itself rather than the defendant's negligence or intent.

Question 7

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

Accepted Answer

The rule of vicious propensity applies to domestic animals, where the owner can be held absolutely liable if they knew or should have known about the animal's dangerous tendencies.

Question 8

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

Accepted Answer

All of these defenses can apply in animal-owner liability cases. Assumption of risk can apply if the injured party knowingly took the risk of being injured by the animal. Contributory and comparative negligence can apply if the injured party's actions contributed to their own injury, either by reducing the amount of compensation they can receive (comparative) or by barring recovery altogether (contributory).

Question 9

In which of the following cases could strict liability apply?

Accepted Answer

Strict liability applies in situations where harm is caused by inherently dangerous activities or substances, such as wild animals, explosives, and toxic wastes, regardless of the level of care taken.

Question 10

The common usage principle states that

Accepted Answer

The common usage principle refers to activities that are not commonly undertaken in everyday life, which makes them abnormally dangerous.

Question 11

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

Accepted Answer

Ultrahazardous activities are characterized by a high risk of injury or damage, regardless of the precautions taken.

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.

Accepted Answer

Absolute liability is a strict liability tort that holds a person or entity responsible for the harm caused by an abnormally dangerous activity, regardless of whether they were negligent or not. The risks of an abnormally dangerous activity must outweigh the benefits the activity brings to the community in order for absolute liability to apply. This is because the law recognizes that some activities are so inherently dangerous that they should not be allowed to be conducted unless the benefits to the community outweigh the risks.

Question 13

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

Accepted Answer

Abnormally dangerous activities are inherently risky activities that carry a high risk of harm regardless of the precautions taken, not necessarily because they are inappropriately performed in a specific location.

Question 14

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

Accepted Answer

The answer of Which of the following is not an...

Question 15

Ferae naturae refers to

Accepted Answer

Ferae naturae is a legal term that refers to wild animals.

Question 16

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

Accepted Answer

The answer of Reasonable care is an important factor in...

Question 17

Which of the following examples best illustrates absolute liability?

Accepted Answer

Absolute liability applies when a person is held liable for their actions regardless of intent or negligence. This includes inherently dangerous activities or keeping dangerous animals. All provided examples involve situations where the owner or individual could be held absolutely liable for harm caused by their animals or actions, without the need to prove negligence.

Question 18

A mass tort occurs when

Accepted Answer

A mass tort occurs when many individuals are injured as a result of a single tortious act, often involving large-scale, catastrophic events or products that cause widespread harm.

Question 19

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

Accepted Answer

The common usage principle in the context of abnormally dangerous activities refers to the idea that an activity is considered abnormally dangerous if it is not commonly performed in everyday life due to its inherent risks.

Question 20

The vicious propensity rule applies to ferae naturae .

Accepted Answer

The answer of The vicious propensity rule applies to ferae...

Quiz 10: Strict or Absolute Liability