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BMGT380 study guide 2

BMGT380 study guide 2 - BMGT380H Exam 2 Study Notes CHAPTER...

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BMGT380H – Exam 2 – Study Notes CHAPTER 7 – STRICT LIABILITY Strict Liability Strict Liability is liability without fault or irrespective of fault o Means that the defendant is liable even though he did not intend to cause the harm and did not bring it about through recklessness or negligence o Such liability is premised on the defendant’s voluntary decision to engage in a particularly risky activity What types of cases fall under the umbrella of strict liability? o The owners of trespassing livestock and the keepers of naturally dangerous wild animals were some of the first classes of defendants o Today, there are 2 most important activities subject to strict liability: (1) Abnormally Dangerous Activities (2) Manufacture or sale of defective and unreasonably dangerous products (included in 1960s when strict liability was expanded) Abnormally Dangerous Activities Abnormally dangerous activities are those necessarily involving a risk of harm that cannot be eliminated by the exercise of reasonable care o Examples: blasting, crop dusting, stunt flying Contributory negligence has not been a defense in these cases Assumption of risk has been a defense in these cases 6 factors are considered in determining if an activity is “abnormally dangerous” o (1) a high degree of risk of some harm to the person, land, or chattels of others o (2) the likelihood that the harm that results from it will be great o (3) an inability to eliminate the risk by the exercise of reasonable care o (4) the extent to which the activity is not a matter of common usage o (5) the inappropriateness of the activity to the place where it is carried on o (6) the extent to which its value to the community is outweighed by its dangerous attributes Statutory Strict Liability Strict liability principles are embodied in modern legislation Primary example are workers’ compensation acts o Allow employees to recover statutorily limited amounts from their employers without any need to show fault on the employer’s part and without any consideration of contributory fault on the employee’s part Tort Reform
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Seems to have been an explosion in tort liability in recent years o Tendency toward greater imposition of strict liability, increases in the frequency and size of punitive damage awards, and similar increases in awards for noneconomic harms such as pain and suffering These beliefs have fueled a movement for tort reform o By the mid-1990s, most states enacted some form of tort reform legislation which either: (1) limited defendants’ tort liability (2) limited the damages plaintiffs can recover once they get a judgment CHAPTER 20 – PRODUCT LIABILITY The law of product liability is the body of legal rules governing civil lawsuits for losses and harms resulting from a defendant’s furnishing of defective goods The Evolution of Product Liability Law The 19 th Century During 1800s, rules governing suits for defective goods heavily favored
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