Torts 2 - STRICT LIABILITY Animals Wild Animals 1 Possessor...

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STRICT LIABILITY. Animals Wild Animals 1. Possessor 2. Wild Animal 3. With a dangerous propensity characteristic of wild animals of its class 4. Causation 5. Harm Defenses Plaintiff is a trespasser Maybe Act of God, acts of 3 rd persons (Restatement 2 nd says no) Not contributory negligence A/R Domestic Animals 1. Possessor 2. Domestic Animal 3. Possesses dangerous propensities abnormal to its class 4. Has reason to know of dangerous propensities 5. Causation 6. Harm Defenses Plaintiff is a trespasser Maybe Act of God, acts of 3 rd persons (Restatement 2 nd says no) Not contributory negligence A/R Abnormally Dangerous Elements 1. Abnormally dangerous activity (see factors below) 2. Causation 3. Harm Abnormally dangerous factors 1. existence of a high degree of risk of some harm to the person, land or chattels of others 2. likelihood that the harm that results from it will be great 3. inability to eliminate the risk by the exercise of reasonable care 4. extent to which the activity is not a matter of common usage 5. inappropriateness of the activity to the place where it is carried on
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6. extent to which its value to the community is outweighed by its dangerous attributes Defenses Assumption of Risk Not Contributory negligence Not Acts of God Not Harm from 3 rd parties TRESPASS. Rule: Unauthorized intentional entry into the land of another - disruption of exclusive possession of the land - can occur with the tiniest particle - don’t have to intend to be on someone else’s land, just to be where you are - entry can be an object the defendant caused to be on another’s land Remedies Injunction: only if plaintiff’s rights outweigh the interests of society Damages Defenses Not Mistake of Fact NUISANCE. Private Nuisance Rule: Unreasonable and substantial interference with plaintiff’s interest in the land - can be negligent, abnormally dangerous or intentional - intentional: knew with substantial certainty that the interference would occur Unreasonableness of Intentional Invasion : if the gravity of the harm outweighs the utility of the actor’s conduct, or the harm caused by the conduct is serious and the financial burden of compensating for this and similar harm to others would not make the continuation of the conduct not feasible Public Nuisance Rule: Conduct which substantially offends, interferes with, or causes damage to the public in the exercise of rights common to all - look at type of neighborhood, nature of the thing or wrong complained of, proximity to those alleging injury, frequency, continuity or duration, and the damage resulting
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Who may sue: The state or a private individual with a special injury different in kind from that suffered by the public generally Remedies Either defendant stops or he pays (paying can turn the nuisance into a taking) Damages: if the harm has already occurred - no matter how small the harm is compared to the utility of the defendant’s actions Injunction: the harm to plaintiff must outweigh the utility of the defendant’s conduct
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This note was uploaded on 02/18/2008 for the course LAW 1020 taught by Professor Dilorenzo during the Spring '99 term at St. Johns Duplicate.

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Torts 2 - STRICT LIABILITY Animals Wild Animals 1 Possessor...

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