North Carolina Certified Paralegal Examination (NCCP) Practice Exam 2025 - Free Paralegal Exam Practice Questions and Study Guide

Question: 1 / 880

What does strict liability imply in tort law?

Liability is assigned based on negligence

Liability exists regardless of fault

Strict liability in tort law refers to situations where a party can be held liable for damages or harm caused to another, regardless of whether there was any negligence or fault involved in their actions. In cases of strict liability, the focus is primarily on the activity itself and the harm that resulted, rather than on the behavior or intent of the party responsible.

For example, in strict liability torts, such as those involving abnormally dangerous activities or certain product liability cases, a defendant can be held responsible for injuries even if they took all necessary precautions to prevent harm. This creates a higher standard of accountability, aiming to promote safety and protect individuals who may be adversely affected by inherently risky activities or defective products.

In contrast, liability based on negligence or intent would require proof of the party's failure to exercise reasonable care or the existence of a deliberately harmful intent, which is not necessary in strict liability cases. Thus, strict liability fundamentally shifts the burden of proof away from the injured party needing to establish fault to simply demonstrating that harm occurred as a result of the defendant’s activities.

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Liability is limited to contractual obligations

Liability must be proven by intent

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