< How to Ace FYLSE
Outline
Strict Liability
Ultrahazardous Activity
- Inherently dangerous.
- Uncommon to the geographic area.
- Cannot be made safe.
- 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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