SUMMARY OF LAST CLASS
OTHER FORMS OF VICARIOUS LIABILITY:
PARTNERSHIPS, JOINT ENTERPRISE,
NEGLIGENT ENTRUSTMENT, CONCERT OF
ACTION, FAMILY PURPOSE DOCTRINE,
IMPUTED CONTRIBUTORY NEGLIGENCE
HISTORY OF STRICT LIABILITY
TRESPASS/ CASE
DIRECT/INDIRECT
BROWN v. KENDALL: THE FAULT STANDARD
Apr. 16, 2004
SUMMARY CONTINUED
NUISANCE
RYLANDS v. FLETCHER
MISCHIEF: 3 CASE EXAMPLES
Apr. 16, 2004
RYLANDS
HOUSE OF LORDS: NATURAL v. NONNATURAL USE
OTHER WAYS OF EXPLAINING RYLANDS
1. ECONOMICS
2. FAVOR RESOURCE EXPLOITATION?
3. NON-RECIPROCAL RISKS
APPLYING RYLANDS: THOMALEN
Apr. 16, 2004
MORE S/L DEVELOPMENT
SULLIVAN (683): DIRECT v. INDIRECT
VALID DISTINCTION?
FOLLOWING RYLANDS? NO
THE DOCTRINAL DILEMMA: P. 683 NOTES 3
AND 4
ACCEPT BROWN (1850) YET RETAIN
RYLANDS (1968) IN SOME FASHION?
“SLOUCHING TOWARD THE ABNORMAL
DANGER CONCEPT” (683)
Apr. 16, 2004
MODERN S/L
ULTRAHAZARDOUS ACTIVITIES
EXNER (684)
RESTATEMENT 1: (1) SERIOUS HARM THAT CANNOT
BE ELIMINATED WITH DUE CARE (2) NOT A MATTER
OF COMMON USAGE
ABNORMALLY DANGEROUS ACTIVITIES
RESTATEMENT (3RD) RULE (695)
KEY: (1) SIGNIFICANT RISK
(2)EVEN WHEN REASONABLE CARE
EXERCISED
(3) NOT A MATTER OF COMMON USAGE
Apr. 16, 2004
MODERN S/L
RESTATEMENT (2ND) RULE:686
1. HIGH DEGREE OF RISK OF HARM
2. LIKELIHOOD HARM WILL BE GREAT
3. INABILITY TO ELIMINATE THE RISK USING
REASONABLE CARE
4. EXTENT TO WHICH ACTIVITY IS NOT A MATTER
OF COMMON USAGE
5. INAPPROPRIATENESS OF ACTIVITY TO PLACE
6. EXTENT TO WHICH VALUE TO COMMUNITY IS
OUTWEIGHED BY DANGEROUS ATTRIBUTES
Apr. 16, 2004
STRICT LIABILITY BY
INDIVIDUAL ACTIVITY
1.
2.
3.
4.
5.
6.
7.
8.
IMPOUNDMENTS
HAZARDOUS/TOXIC
BLASTING AND EXPLOSIVES
NUCLEAR
FIRE—NO
HIGH-ENERGY ACTIVITIES
UTILITIES
FIREWORKS
POISONS
Apr. 16, 2004
THE PRIMA FACIE CASE
THREE TYPES OF DEFECTS
1. MANUFACTURING DEFECTS
2. DESIGN DEFECTS
3. INFORMATION DEFECTS (FAILURE
TO WARN)
LEE—MANUFACTURING DEFECT
THE PRIMA FACIE CASE
TEST FOR DEFECT IN LEE?
Apr. 16, 2004
DETOUR: FOOD AS A PRODUCT
(HEREIN OF ENCHILADAS)
1. NATURAL NON-NATURAL
DISTINCTION
MEXICALI ROSE
2. CONSUMER EXPECTATION
JACKSON
Apr. 16, 2004