Welcome to Assignment 10
This assignment covers special liability doctrines and tort litigation concepts. You will learn about strict liability for products and abnormally dangerous activities, how premises and vicarious liability work, and the mechanics of tort litigation including damages, joint tortfeasors, statutes of limitations, and tort reform.
Exam Alert!
Key exam topics: the 5 elements of strict liability products claims, 3 types of product defects, CERCLA/Superfund PRPs, common law vs. UCAJTFA joint tortfeasor rules, vicarious liability relationships, and the distinction between statutes of limitations vs. repose.
What You Will Learn
1. How products liability evolved from privity to strict liability (MacPherson Doctrine)
2. The 5 elements of a strict liability claim and 10 defenses available
3. Toxic torts, CERCLA/Superfund, and who pays for environmental cleanup
4. Vicarious liability, respondeat superior, and the family purpose doctrine
5. Compensatory, nominal, and punitive damages in tort actions
6. Joint tortfeasor liability, contribution, and market-share liability
7. Statutes of limitations vs. repose, and tolling for minors
Assignment Parts
Strict & Products Liability
Abnormally dangerous activities, MacPherson Doctrine, 5 elements of strict liability, 3 defect types, 10 defenses, toxic torts, and CERCLA/Superfund.
Vicarious Liability & Joint Tortfeasors
Respondeat superior, family purpose doctrine, joint and several liability, UCAJTFA, market-share liability, Good Samaritan statutes.
Tort Litigation
Compensatory, nominal, and punitive damages, survival statutes, wrongful death, mass torts, statutes of limitations vs. repose.
Quick Reference Summary
Strict Liability
Liable without fault. No need to prove negligence -- just defect + causation.
5 Products Liability Elements
Seller in business, defect, defect at time of sale, proximate cause, no substantial change.
CERCLA PRPs
Current owners, past owners, generators, transporters. Strict liability applies.
Vicarious Liability
3 relationships: principal-agent, employer-employee, parent-child.
Joint Tortfeasors
Common law: release one = release all. UCAJTFA: can release individually.
Damages
Compensatory (special + general), nominal ($1 token), punitive (punishment).