+
Related Flashcards
Related Topics
Cards In This Set
| Front | Back |
|
Strict liability is imposed for reasons other than fault
|
True
|
|
One of the requirements for a suit based on strict liability is the defendants intent to affect certain results (3 parts)
|
False-(1) doctrine of strict liability states that a defendent may be liable for the result of his act regardless of intent. (2) it doesnt matter whether the defendent exercised reasonable care(3) strict liab. is liab. w/o regard to fault or intend
|
|
One of the requirements for a suit based on strict liability is a failure to exercise due care
|
False- action based on negligence requires failure to exercise due care
|
|
The doctrine of strict liability applies only to abnormally dangerous activities
|
False-also applies product liability. basis of strict liability to any activity is creation of an extraordinary risk
|
|
Privity of contract is required to bring a product liability suit based on negligence
|
False- neither negligence nor strict product liability requires this.
|
|
One requirement for aproduct liability suit based on strict liability is a failure to exercise due care
|
False- proof of failure to exercise due care is not a requirement for product liability- it is for negligence.
|
|
In many states, the plaintiffs negligence is a defense that may be reaised in a product liability suit based on strict liability
|
True
|
|
When can product liability be imposed?
|
(1) defects in the design or contruction of a product that causes injuries
(2) failure to include reasonable warning
|
|
A manufacturer has a duty to warn about risks that are obvious or commonly known
|
False the dont add to safety and can cause other warnings to seem less significant
|
|
Assumption of risk can be raised as a defense in a product liability suit
|
True
|
|
What must plaintiff show in strict liability case?
|
(1) Product was defective (2) defendent was in the business (3) product was unreasonably dangerous DUE TO DEFECT (4) plaintiff suffered harm (5) defect was the proximate cause of harm (6)goods were not substantially changed from time they were sold
|
