CETL: Lecture 5B with 100%
correct answers already graded
A+
Reasons for strict liability - answer 1) Risk-taking: it is fair to make the person
who created the danger pay for the materialization of any risks 2)
Profit/benefits: fair to make the person who benefits from an activity pay for
any and all downsides of that same activity 3) Insurance & channelling: strict
liability is assigned liability based on the type of defendant which can make
the rules more systemically predictable, can lead to more clarity as to who
has to take out insurance 4) Control: as society we want to minimize overall
harm and those with the most information and ability to avid harm (as
between the claimant and defendant) are the ones best able to avoid harm
5) Protection of vulnerable victim: strict liability decreases the chance that
vulnerable victims will go uncompensated for their losses
What factors make a case for a supervisory duty (responsibility) stronger? -
answer 1) When there is a stronger link between the defendant and the
liability-generating object 2) The stronger the link between the object and
the loss caused to the claimant
Liability for animals in England - answer Strict liability for straying livestock;
dangerous animals; dogs injuring/killing cattle and damage due to abnormal
characteristics, keeper is liable, defences are assumption of risk &
contributory negligence (claimant also committed a tort)
Liability for animals in Germany - answer Strict liability for luxury animals,
negligence with reversed burden of proof on domestic animal serving
business; income or prosperity of the owner, keeper is liable, protects person
and property against specific danger of animals, defences are assumption of
risk & contributory negligence
Liability for animals in France - answer When the owner of an animal puts it
to use and the animal causes damage leads to liability for damage
correct answers already graded
A+
Reasons for strict liability - answer 1) Risk-taking: it is fair to make the person
who created the danger pay for the materialization of any risks 2)
Profit/benefits: fair to make the person who benefits from an activity pay for
any and all downsides of that same activity 3) Insurance & channelling: strict
liability is assigned liability based on the type of defendant which can make
the rules more systemically predictable, can lead to more clarity as to who
has to take out insurance 4) Control: as society we want to minimize overall
harm and those with the most information and ability to avid harm (as
between the claimant and defendant) are the ones best able to avoid harm
5) Protection of vulnerable victim: strict liability decreases the chance that
vulnerable victims will go uncompensated for their losses
What factors make a case for a supervisory duty (responsibility) stronger? -
answer 1) When there is a stronger link between the defendant and the
liability-generating object 2) The stronger the link between the object and
the loss caused to the claimant
Liability for animals in England - answer Strict liability for straying livestock;
dangerous animals; dogs injuring/killing cattle and damage due to abnormal
characteristics, keeper is liable, defences are assumption of risk &
contributory negligence (claimant also committed a tort)
Liability for animals in Germany - answer Strict liability for luxury animals,
negligence with reversed burden of proof on domestic animal serving
business; income or prosperity of the owner, keeper is liable, protects person
and property against specific danger of animals, defences are assumption of
risk & contributory negligence
Liability for animals in France - answer When the owner of an animal puts it
to use and the animal causes damage leads to liability for damage
