LAW 122 Study Guide - Final Guide: Strict Liability
2 Apr 2017
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There are 3 parts: duty of care, breach stand of care, and causation. Lastly there also can be a defence. For causation there is 3 things that need to be covered. Proof of balance of probability (at least 51%) Manufacturer liable only for careless defects in design. Manufacturer usually strictly liable for manufacturing defects. Facts: john brokaw was interested in purchasing an apartment building. Concerned about the price, he contacted lonnie hauser, a property value appraiser. Brokaw explained in great detail that he needed to know, as precisely as possible, how much the apartments would generate in rent. The final report provided by hauser stated the property was worth ,400,000. The actual value of the property was ,000,000. Hausersays he should not be responsible because he had reasonably assumed that the same rent would apply to every apartment. If nothing changes, plaintiff still suffers: then defendant did not cause loss.
