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Strict Liability Outline

Law Outlines > Torts II Outlines

This is an extract of our Strict Liability document, which we sell as part of our Torts II Outlines collection written by the top tier of Thomas Jefferson School Of Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Torts II Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:

STRICT LIABILITY

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DEF = *Defendant is engaged in legal conduct, acting without fault, but is liable because he/she caused harm for policy reasons Policy - someone has to bear fault Ownership of Animals o Trespassory Harm
? S/L for barnyard animals that stray and are likely to do harm when they trespass
? No S/L for household pets
? No S/L for livestock on highway that stray on adjacent property o Non-Trespassory Ham
? Domestic Animals:

* No S/L unless owner has scienter about unusual dangerous propensity of animal

* Scienter - knowledge (knows or should no)

* If owner doesn't have scienter, dog gets "one free bite"

* Normally dogs are not dangerous until proven
? Wild Animals

* S/L for harm caused by the dangerous propensity of the wild animal

* Owner created the risk, no utility for having a wild animal, uncommon, unnecessary

* Whether an animal is wild is determined by the custom of the community and whether the animal is of service to mankind (bulls, honeybees, stallions, are dangerous but may not be considered wild in certain communities if serve purpose) o Limitations
? Owner is only strictly liable if the harm is the result of the dangerous propensity of the animal
? Proximate cause limitation

* Harm that occurs must be proximately caused by the dangerous propensity of the animal

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Abnormally Dangerous Activities o S/L requires those who engage in dangerous activities to bear the accident costs o S/L imposed when a person:

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