Questions and Answers of Administrative Law

Is strict liability synonymous with absolute liability or liability without fault?
What is the general rule regarding liability for damage caused by trespassing animals?
What do the “fencing in” and “fencing out”statutes provide?
Under what conditions are animal owners strictly liable for damage caused by non-trespassing animals?
What are the six factors considered in accordance with the Restatement to determine if a particular activity is abnormally dangerous?
Give examples of two activities that courts have classified as abnormally dangerous and explain why they were considered to be so.
Give examples of two activities that courts have classified as not being abnormally dangerous and explain why they were not considered to be so.
Does the population of an area where the dangerous activity is taking place affect a defendant’s liability in a strict liability case?
What is the rationale underlying strict liability for defective products?
What are the possible defenses that can be raised in response to a strict liability claim?
True Or False Strict liability is synonymous with absolute liability.
True Or False Strict liability is applicable to defendants who carry out their activities with the utmost of care.
True Or False With strict liability, a defendant can be found liable even if they adhered to an objective standard of care.
True Or False There is no intent needed for a strict liability case.
True Or False Under the English common law, which has been adopted in all states, owners of animals were strictly liable for property damage caused by their animals when they trespassed on
True Or False Bulls and stallions are considered domesticated even though they are often dangerous.
True Or False An owner of a chimpanzee be strictly liable for injuries to another.
True Or False Dog owners are strictly liable for damage caused when their dog bites someone if they know or have reason to know that the dog has vicious propensities; however, under the law of most
True Or False The rationale for the decision in Rylands v.Fletcher has been adopted by the majority of American courts and the Restatement (Second)of Torts.
True Or False Under the six factor Restatement test, one factor alone can be sufficient for strict liability.
True Or False Courts hold manufacturers of defective products strictly liable because they believe that manufacturers can internalize the costs of accidental losses.
True Or False A defendant is not strictly liable for harm that occurs as a result of a risk that is not the kind of risk that makes the activity dangerous.
True Or False A defendant is strictly liable even if it is only because the plaintiff is conducting an abnormally sensitive activity.
True Or False Courts are more likely to find proximate cause in a strict liability case than in a negligence case and to deny liability if there is an unforeseen, intervening cause in a negligence
In deciding whether an activity is abnormally dangerous, courts consider whether the activitya. is a matter of common usage.b. creates a high degree of risk of harm to others.c. creates a risk of
In deciding whether an activity is abnormally dangerous,a. courts consider the value of the activity to the community.b. courts generally ignore the appropriateness of the activity for the place in
The activity a court is least likely to characterize as abnormally dangerous isa. crop dusting.b. storage of flammable liquids.c. an airline flight.d. all of the above.
Which of the following situations or activities is a court likely to find to be abnormally dangerous?a. Damage caused by escaping waters from an irrigation damb. Testing of rocket fuelc. Defective
A defendant sued for strict liability can raise the defense ofa. assumption of risk.b. proximate cause.c. contributory negligence.d. all of the above.
A defendant can be ____________ ____________even though they have no intent of wrongdoing and are not negligent.
Under ____________ ____________ statutes, owners of animals are not strictly liable for property damage caused by their trespassing animals as long as they attempt to fence the animals in, whereas
The owner of a(n) ____________ animal is strictly liable for any damage resulting from a dangerous propensity typical of that particular species.
The Restatement has adopted strict liability in cases involving abnormally dangerous activities and uses ________ factors to determine dangerousness.
Under what circumstances can the following be found negligent when a plaintiff is injured by a defective product?a. manufacturerb. maker of component partc. user of component partd. retailer
Can lessors, real estate agents, and providers of service be found liable on the basis of negligence?
What is privity, and what is its status today?
What damages can be recovered in a product liability case based on negligence?
What are the differences between tort remedies and contract remedies based on a breachof-warranty claim?
What is an express warranty, and how is it created?a. Who may recover on the basis of breach of express warranty?b. What can be recovered?
If the only loss is economic, should the plaintiff seek a claim under tort law or contract law?
What is the difference between an implied warranty of merchantability and a warranty of fitness for a particular purpose?a. What can be recovered when suing on the basis of breach of an implied
What is an example of an express warranty?
When is it to a plaintiff’s advantage to sue on the basis of strict liability, and when is it to her advantage to sue on the basis of breach of warranty?
What is the justification for strict liability in product liability cases? Why are some courts critical of strict liability?
What does section 402A of the Restatement provide, and how did it evolve?
Does section 402A of the Restatement apply to sales and services?
What must be proved in a strict liability defective condition case?a. What is the difference between a consumer-expectation test and a risk-utility test?b. What is an unavoidably unsafe product?c.
What is the theory of alternate liability?
How does a manufacturing defect differ from a design defect?
What are the three types of design defects?a. How does a design-defect case brought on the basis of negligence differ from one brought on the basis of strict liability?b. What is a state-of-the-art
What damages may be sought in a strict liability case?
What defenses can be raised in a warranty case?a. How can a defendant disclaim a warranty?b. Can a seller limit his consequential remedies?
What is foreseeable misuse?
What defenses can be raised in a strict liability case?
What issues arise in the context of statutes of limitations and statutes of repose in product liability cases?
What is preemption, and how did it arise?a. What is the difference between implied and express preemption?b. What is the difference between field preemption and conflict preemption?c. Why has
What is a class action, and what are its advantages?
What must be shown before a court will agree to certify a class action?
True Or False Retailers have no duty to inspect goods unless they believe they may be dangerous.
True Or False Retailers have no duty to make superficial inspection of cars they sell.
True Or False Suppliers of services can be found negligent, but sellers of real estate cannot.
True Or False A plaintiff injured by a product may sue the person they bought the product from.
True Or False Plaintiffs in negligence actions cannot recover if they are only users of a product but did not purchase it.
True Or False The distinction between property damage and economic loss is not always clear.
True Or False Most courts restrict contract recovery to economic losses and tort recovery to damages to property or persons.
True Or False A description of a windshield as being “shatterproof” allows a plaintiff to recover if the windshield shatters after being hit by a rock.
True Or False A person may recover for breach of express warranty even without privity with the seller.
True Or False Courts uniformly agree that implied warranties of merchantability apply to sales of food and drink, services, and real estate transactions.
True Or False Those who argue that manufacturers should be strictly liable for damages resulting from the sale of their products justify their position on the basis that the modern sophistication of
True Or False An argument against strict liability is that manufacturers are unduly hampered in trying to meet consumer demands by the threat of strict liability suits.
True Or False Plaintiff in strict liability cases do not need to prove failure of due care.
True Or False If a plaintiff contracts a disease as a result of receiving a blood transfusion, the question that a court must answer is whether the provision of blood involves the sale of a service
True Or False In most cases plaintiffs are allowed to introduce evidence of a defendant’s redesign of a product.
True Or False The plaintiff must prove cause in fact and proximate cause in a strict liability case.
True Or False In Sindell v. Abbott Laboratories the court held that each defendant that could not prove it did not supply DES to the manufacturers was liable for a proportion of the judgment
True Or False The alternate theory of liability allows a defendant to be found liable if they cannot prove that they did not cause the plaintiff’s injuries.
True Or False Strict liability is applicable to private individuals who sell defective goods and to sellers of used goods.
True Or False Plaintiffs suing on the basis of strict liability can always recover for purely economic losses.
True Or False Some courts have allowed bystanders to recover under strict liability.
True Or False Economic loss includes damage to a product.
True Or False A person who sells items at a yard sale can be strictly liable for injuries caused from the sale.
True Or False In a design-defect case the question is whether the defendant chose a design that posed an unreasonable danger to the plaintiff.
True Or False In a design-defect case the availability of other designs is not considered.
True Or False Manufacturers are obligated to use the most durable design possible.
True Or False In determining whether a safety feature must be installed, courts consider the cost of the product and the magnitude of the danger without the safety feature.
True Or False A state of the art defense is a full release of liability for strict liability.
True Or False An industry as a whole may be determined to be negligent.
True Or False If a plaintiff misuses a product, most courts will not allow the plaintiff to recover.
True Or False In Turner v. General Motors Corp. the court found General Motors not liable because no car manufacturer at that time had ever made a car with a roll bar.
True Or False An adequate warning of a drug must convey the nature, gravity, and likelihood of the risks involved in taking the drug.
True Or False An advertising campaign for a drug can dilute a warning to the extent it becomes inadequate.
True Or False Manufacturers have a duty to warn even if they neither knew nor should have known of the dangers of the sale of the product at the time it was sold.
True Or False Obviousness of danger precludes an obligation to warn.
True Or False In a warranty action, defendants can claim that the plaintiff knew the product was defective and used it anyway.
True Or False A seller cannot disclaim an express warranty.
True Or False An implied warranty of merchantability can be disclaimed if the buyer has an opportunity to examine the goods and refuses to do so.
True Or False Under federal law, manufacturers who provide a written warranty can still disclaim any implied warranties.
True Or False A seller cannot limit their consequential damages when personal injuries result from a defective product.
True Or False A buyer has an unlimited time in which they can notify a seller of a breach of warranty.
True Or False A plaintiff under assumption of risk in a strict liability case is barred from recovery.

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