torts question

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hoping5
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torts question

Postby hoping5 » Fri Nov 25, 2011 4:11 pm

is there a difference between abnormally dangerous and ultahazardous (in strict liability)?

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ph14
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Re: torts question

Postby ph14 » Fri Nov 25, 2011 4:12 pm

hoping5 wrote:is there a difference between abnormally dangerous and ultahazardous (in strict liability)?


Yes. Standard now (2nd restatement) is "abnormally dangerous", which seems to be a bit less strict than the old (1st restatement) "ultrahazardous."

hoping5
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Re: torts question

Postby hoping5 » Fri Nov 25, 2011 4:16 pm

but the third restatement says, (3rd R, 20)
a) Activity creates a foreseeable and highly significant risk of physical harm ebem when reasonable care is exercised by all actors; and
b) The activity is not a matter of common usage

Which definition of abnormally dangerous governs?

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ph14
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Re: torts question

Postby ph14 » Fri Nov 25, 2011 4:21 pm

hoping5 wrote:but the third restatement says, (3rd R, 20)
a) Activity creates a foreseeable and highly significant risk of physical harm ebem when reasonable care is exercised by all actors; and
b) The activity is not a matter of common usage

Which definition of abnormally dangerous governs?


I think the 2nd restatement gives 6 factors to consider whether it is abnormally dangerous. Usually it's stuff like blasting, operating a nuclear power plant, and stuff along those lines.

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gdane
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Re: torts question

Postby gdane » Fri Nov 25, 2011 4:23 pm

Forks in the law. On an exam, mention both restatements if appropriate.

hoping5
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Re: torts question

Postby hoping5 » Fri Nov 25, 2011 4:24 pm

thanks!




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