Strict Liability - Traditional Approach
Remember the first week of class?
How to Read a Case
Before you begin:
- Connect with your core values.
- Discern your immediate goal.
Why take this preliminary step?
Connecting to core values makes the work easier and more fulfilling.
Discerning a goal allows you to focus your attention on what matters.
There is no escape.
Stress is a very bad, no good motivator.
Goals when reading a case
- Grasp the internal logic and mechanics of the case.
- Synthesize within a broader context.
That’s outlining!
An outline outlines the process for arriving at the right answers to familiar questions about unfamiliar facts.
Familiar questions from our negligence defenses
- Does the defense of contributory negligence apply? - Was the plaintiff comparatively negligent? - Does the defense of “assumption of risk” apply? - How much can the plaintiff recover? - How much does each defendant owe? - If a particular defendant is absent or insolvent, how much do the other defendants owe?
We also read a case that first week…
Hammontree v. Jenner
Fletcher v. Rylands
Rylands v. Fletcher
Liability applies for:
PWFOPBOHL&C&KTALDMIIE
Liability applies for:
PWFOPBOHL&C&KTALDMIIE
A person who for his own purpose brings onto his land and collects and keeps there anything likely to do mischief if it escapes
Limits on Strict Liability
Fletcher v. Rylands
— PWFOPBOHL&C&KTALDMIIE
Rylands v. Fletcher
— PWFOPBOHL&C&KTA “non-natural” and LDMIIE
First Restatement
— “ultrahazardous activity”
Second Restatement
— “abnormally dangerous activity”
Indiana Harbor Belt v. American Cyanamid
Indiana Harbor Belt v. American Cyanamid
Strict liability applies for behavior that is:
- Very risky and that risk cannot be eliminated at reasonable cost
AND
- Not susceptible to due care analysis