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02231032/CAPE/KMS 2017
LAW
UNIT 2 Paper 032
KEY AND MARK SCHEME

STRICT LIABILITY

Specific Objective: 6

(a) Candidates are expected to explain ‘strict liability’ in tort
including the key elements

Definition:

 Automatic responsibility for damages due to possession and/or use
of equipment, materials or possessions which are inherently
dangerous such as explosives, wild animals, poisonous snakes, or
assault weapons.

 Defendant is liable even though the damage to the plaintiff
occurred without intention or negligence/fault on defendant’s
part.

 Motive of the defendant is irrelevant.

 It does not matter what sort of precautions the defendant takes.

 The primary basis of liability is the creation of an extraordinary
risk.

 If the activity is appropriate to the area, strict liability exists
only if the activity is conducted in an unusual or abnormal way.

 A deterrent aspect of tort, aimed at inducing persons to modify
their behaviour so as to avoid harming others.

Any other relevant point
Any three points clearly explained 2 marks each [6 marks]
Clear explanation including only one point 2 marks
Weak explanation 1 mark

Example of Strict Liability

Liability for animals

- Test: called Scienter, that is, owner liable for harm caused by
the animal. The type of action is called a scienter action.

- Because animals are not governed by a conscience and possess great
capacity to do mischief if not restrained, those who keep animals
have a duty to restrain them.

- In most jurisdictions the general rule is that keepers of all
animals, including domesticated ones, are strictly liable for
damage resulting from the trespass of their animals on the property
of another.