Practice question · Multiple choice
A driver observes every rule and still injures a pedestrian; a manufacturer's flawless product injures a user through an undetectable defect. Why does liability treat these differently?
Hints
- Neither actor was careless. Ask what else could justify making one of them pay.
- Who can spread the cost of an occasional accident across many transactions?
Show the answer
C. Because strict liability attaches to creating a risk, not to fault
Why
Strict liability asks who should bear an unavoidable risk rather than who misbehaved, and the answer is whoever created it, profits from it and can price it into the product. Fault-based rules deter carelessness; strict rules allocate residual risk, and they are different jobs.
Practise Civil Liability and Torts
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More questions on Civil Liability and Torts
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