PLA 3277 Lecture Notes - Lecture 11: Tort Reform, Contributory Negligence, Product Liability
23 Aug 2016
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Strict liablity : applies when def is neither neg nor has intent of wrongdoing. Wild animal: strict liable for damage caused by wild animals if damage results from a dangerous propensity typical of that particular species. Negligence standard for those who display wild animals to the public (zoo/circus) Domesticated animals- if know of vicious tendencies of animal. Failure to comply with muzzle or leash laws renders one neg per se. Rylands v fletcher he who brings dangerous things on land is liable when they do mischief. Factors: 1. is there a high degree of risk to people, property or others peoples" property. Activity is not a matter of common usage. Inappropriateness of activity to the place where it is carried on. Extent of tis value to the community versus its dangerous attributes. Yukon equipment v. fireman"s fund insurance- storage of explosives which are stolen. Based on policy and desire to compensate victim.
