How to Ace FYLSE/2008 F Q1

Outline

Strict Liability

Ultrahazardous Activity

  1. Inherently dangerous.
  2. Uncommon to the geographic area.
  3. Cannot be made safe.
  4. Social utility vs. risk.

Negligence

Duty

Foreseeable plaintiff
Standard of Care
  • Anticipated Trespasser
  • Attractive nuisance
Foreseeable to have children trespassers
Unlikely to appreciate the danger
The cost to make safe outweighs the risk of harm

Breach

Causation

Actual Cause
Proximate cause
  • foreseeability
  • Intervening
  • superseding

Damage

Defenses

Assumption of Risk

Contributory Negligence=

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