Torts--Grady F2019--Strict Liability

Primary tabs

No Description Set


Bookmark to learn: Login to use bookmarks.

Bookmark to learn: Login to use bookmarks.

Add to collection ... add Torts--Grady F2019--Strict Liability to your collections:

Help using Flashcards ...just like in real life ;)

  1. Look at the card, do you know this one? Click to flip the card and check yourself.
  2. Mark card Right or Wrong, this card will be removed from the deck and your score kept.
  3. At any point you can Shuffle, Reveal cards and more via Deck controls.
  4. Continue to reveal the wrong cards until you have correctly answered the entire deck. Good job!
  5. Via the Actions button you can Shuffle, Unshuffle, Flip all Cards, Reset score, etc.
  6. Come back soon, we'll keep your score.
    “Repetition is the mother of all learning.”
  7. Signed in users can Create, Edit, Import, Export decks and more!.

Bookmark to learn: Login to use bookmarks.

Share via these services ...

Email this deck:

Right: #
Wrong: #
# Right & # Wrong of #

Vaughan v. Taff Vale Ry.


D’s locomotive spark destroyed P’s woods. P complained to D b4. 4-5 fires since RR, none in memory b4. D took all necessary precautions, ordained by legl to be train.

CU (Common usage): Leg Sanctioned RR; trains common usage and not ultrahazardous.
PPR (P participated in risk):P farmer took no steps to clear dry brush near tracks (contributory neg.)

Koos v Roth

D farmer burns field, fire spreads to P's crop. Fire chief: 1/8 such burnings=>fire, even w/precaution (plow protective strip)
UA 1/8 chance=unavoidable risk, starting large fires=ultrahazardous. Grass field burning not CU, even tho common practice in area.

Boynton v. Fox Denver Theaters, Inc

D cinema's emps burned trash (popcorn boxes) in back alley metal drums, spreads to P's adjacent garage. D burned for a year b4.
CU: Burning Trash=common use and not ultrahazardous

Guille v. Swan

D crashed in hot air balloon in P's garden, crowd following entered and FSU.
Balloon=new tech, ultrahazardous, not common usage. Crowd trespass=foreseeable

Crist v. Civil Air Patrol, Inc

D's plane crashes into P's lawn. No survivors, flight log lost in wreck.
CU: planes=common usage;not new tech=>safe to fly

Rylands v. Fletcher

Strict L
D's contractors digging reservoir ignore abandoned tunnels below, P's mine flooded when res filled.
Collected and kept something dangerous that escaped from one property to another
Blackburn’s Rule: Collects on land for his own purpose something unnatural that if escapes likely to do mischief
Reservoir not natural use of land

Tenant v. Goldwin

Strict L
D's poop seeps thru shared cellar wall, spoils P's ale
ATI: Poop dangerous and filthy, escaped

Carstairs v. Taylor

P tenant's rice stores flooded after rat chews thru D's drainage sys water box inspected 4 days prior. Sys the standard for the time. P had cotton stores on higher floor.
MU: rain collect for mutual benefit; rat=3rd party/borderline VM; D didn't pour.

Nichols v. Marsland

D's ornamental pools flood during historic storm, destroy P county's bridges. D's water flow mechanisms not updated/repaired for a few years. No such overflow b4.
VM Sever storm caused damage=act of god/vis major; not collection, just artificial diversion

Rickards v. Lothian

3rd party clogs drains, runs water in D's building. P=tenant.
Damage caused by 3rd party (D powerless to prevent ATI=>VM); indoor plumbing=common use/mutual benefit

W.H. Smith & Son, Ltd. v. Daw

D's sewage pipe burst, floods P's premises. Pipe connected to P's prop
Poop not collected, was flowing in pipe; MU=P used pipe to mutual benefit; CU=sewage pipe is common usage

Bunyak v. Yancey

D dairy farmer's manure pool overflows into P's ponds. D built pool for manure.
Collected mad poop that escaped; mad poop=ultrahazardous; not common use of land

Mcgregor v. Barton Sand

Sliding water, debris from D's artificial pools for gravel mining causes injury to P. Spillage issues clear b4 P bought land. D explored repairing, didnt. Experts: dug trenches would help, unclear where to trench tho.
UA: Same as Rylands/Bunyak. ultrahazardous nature of activity not impacted by common usage or appropriateness of location.
UA: sliding debris ultrahazardous

Walker Shoe Store v. Howard’s Hobby Shop

D’s heating oil tank burst. fire spread to P's adjoining store. D regularly inspected heating tank.
Heating oil common usage at time; accident unforeseeable; oil itself didn't escape

Delano v. Mother’s Super Market

P slips on ice in D's parking lot in AM. D's gutter made ice pool under last night's snow.
Gutter not UA, is CU;obvi no escape/ATI cross prop lines; weather uncontrollable;PPR: P coulda watched her step

Albig v. Municipal Authority

D's public reservoir bursts, floods P's basement. Floor of res not inspected for 70 years, cracks b/c other D's coal mine beneath.
Public reservoir used for public/mutual benefit

Transco p.l.c. v Stockport Metropolitan Borough Council

D’s burst water pipe exposed P's gas pipeline by sinkhole, leaving pipe unsupported. P fixed.
Pipe was natural use of land despite being larger than normal bc plumbing; P shoulda insured against risk; sinkhole not escape; damage due to unforeseeable event

Losee v. Buchanan

D factory's steam boiler explodes, sends shrapnel flyin, damage to buildings.
Steam boilers necessary for industry=>common use bc industry=public benefit

Powell v. Fall

Spark from D's road train ignites P's adjacent haystack.
Road trains=new tech so UA over CU; D couldnt take precaution

Sullivan v. Dunham

Girl hit by tree removed by dynamite 400ft from road

Davis v. Niagara Falls Tower Co.

D observatory tower drops mad ice on P's adjacent museum roof every thaw
ATI: Ice collected on D's land; Allowing ice to fall=UA