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torts question

Posted: Fri Nov 25, 2011 4:11 pm
by hoping5
is there a difference between abnormally dangerous and ultahazardous (in strict liability)?

Re: torts question

Posted: Fri Nov 25, 2011 4:12 pm
by ph14
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."

Re: torts question

Posted: Fri Nov 25, 2011 4:16 pm
by hoping5
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?

Re: torts question

Posted: Fri Nov 25, 2011 4:21 pm
by ph14
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.

Re: torts question

Posted: Fri Nov 25, 2011 4:23 pm
by gdane
Forks in the law. On an exam, mention both restatements if appropriate.

Re: torts question

Posted: Fri Nov 25, 2011 4:24 pm
by hoping5
thanks!