Strict liability — Flashcards

Strict liability Bar Exam Flashcards - Medical Study Cards

Master Strict liability with Oncourse flashcards. These spaced repetition flashcards are designed for medical students preparing for NEET PG, USMLE Step 1, USMLE Step 2, MBBS exams, and other medical licensing examinations.

Strict liability Flashcard Deck - 10 Cards

Flashcard 1: For what types of harm is a defendant strictly liable for an abnormally dangerous activity?

Answer: Under the majority Restatement rule, liability is limited to harm resulting from the kind of risk that made the activity abnormally dangerous; the defendant is not liable for unrelated or unforeseeable types of harm.

Flashcard 2: What six factors determine whether an activity is abnormally dangerous under the Restatement majority rule?

Answer: The factors are: high risk of harm; likelihood that the harm will be great; inability to eliminate the risk with reasonable care; uncommon usage; inappropriateness of the activity to the location; and the activity’s value to the community compared with its dangerous attributes.

Flashcard 3: What defenses generally apply to strict liability?

Answer: Assumption of risk is a defense when the plaintiff knowingly and voluntarily encounters the relevant risk, and comparative responsibility may reduce damages for the plaintiff’s negligent contribution where the jurisdiction permits it. Mere failure to exercise reasonable care is generally not a complete defense.

Flashcard 4: What is the effect of a plaintiff’s trespass in an abnormally dangerous activity or animal case?

Answer: Under the majority rule, trespass may limit recovery when the plaintiff’s presence was unforeseeable, because strict liability generally covers only foreseeable plaintiffs and foreseeable harm. A plaintiff’s contributory negligence usually is not a defense unless it consists of knowingly and unreasonably encountering the specific risk.

Flashcard 5: What is the scope of strict liability for an abnormally dangerous activity when the defendant transfers the activity to another location?

Answer: The defendant is strictly liable only for harm resulting from the abnormally dangerous aspects of the activity, not for every injury occurring during it. The activity must remain abnormally dangerous in the place and circumstances where it is conducted.

Flashcard 6: What is the general rule for strict liability?

Answer: A defendant is liable for harm caused by specified conduct or conditions without regard to negligence or intent. The plaintiff must still prove causation, damages, and any applicable limitations or defenses.

Flashcard 7: What must a plaintiff prove for strict liability arising from an abnormally dangerous activity?

Answer: The plaintiff must show that the defendant engaged in an abnormally dangerous activity, the activity caused the plaintiff’s harm, and the harm resulted from the kind of risk that made the activity abnormally dangerous. Liability generally extends only to foreseeable victims and foreseeable types of harm.

Flashcard 8: What is the majority rule for liability when a wild animal injures someone?

Answer: An owner or possessor is strictly liable for harm caused by a wild animal’s dangerous propensity, even if the owner used reasonable care. The plaintiff generally must show that the harm resulted from the type of danger characteristic of the animal.

Flashcard 9: Does compliance with safety precautions eliminate strict liability for an abnormally dangerous activity?

Answer: No. Strict liability applies even when the defendant exercised reasonable care, although the defendant may argue that the plaintiff’s harm did not result from the activity’s abnormally dangerous risk.

Flashcard 10: When is an owner strictly liable for harm caused by a domestic animal?

Answer: Under the majority rule, the owner is strictly liable only if the owner knew or had reason to know that the animal had a dangerous propensity abnormal for its class. The owner is not strictly liable for an animal’s first unexpected act unless another basis for liability applies.

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Abnormally dangerous activities

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About Strict liability Flashcards for Bar Exam

These Strict liability flashcards are designed for Bar Exam Torts preparation, using active recall to help you retain high-yield concepts, clinical correlations, and commonly tested facts. Each card prompts you to retrieve information from memory rather than passively reviewing notes, which research shows leads to significantly better exam performance.

The 10 cards in this deck cover the most important topics in Strict liability, including key mechanisms, diagnostic criteria, treatment protocols, and clinical pearls that frequently appear in Bar Exam examinations. Cards are organised by chapter so you can focus on specific areas or work through the entire topic systematically.

For personalised spaced repetition scheduling that adapts to your performance, unlimited flashcards, and detailed progress analytics, download the Oncourse app.

Frequently Asked Questions

Are Strict liability flashcards free on Oncourse?

Yes, completely free. You can study all 10 Strict liability flashcards on this page at no cost. For spaced repetition scheduling and progress tracking, download the Oncourse app.

How do flashcards help with Bar Exam preparation?

Flashcards use active recall — instead of passively re-reading notes, you retrieve information from memory. Research shows this builds stronger, longer-lasting memories and is one of the most effective study strategies for medical exams like Bar Exam.

How many Strict liability flashcards are available?

There are currently 10 flashcards for Strict liability under Torts, organised by chapter. New cards are added regularly to cover the latest Bar Exam syllabus.

Can I study Strict liability flashcards by chapter?

Yes. The flashcards are organised by chapter so you can focus on specific areas or work through the entire topic systematically. Scroll down to the "Study by Chapter" section to pick a chapter.

What topics do these Torts flashcards cover?

The cards cover high-yield concepts, clinical correlations, diagnostic criteria, treatment protocols, and commonly tested facts from Strict liability. They mirror the depth and style of Bar Exam questions.

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