Common MBE Trap: Strict Liability

Questions will present in Torts where the facts will allow for strict liability. Maybe someone is selling a dangerously defective product, or is engaged in an abnormally dangerous activity, or etc.

But the facts will also tell you how careful the person acted while doing so. They used "state of the art equipment," or "took all necessary precaution" or "acted with the utmost care," or etc. Important to remember that when strict liability is at issue none of that matters. You're liable regardless of the degree of care. One way to think about this test is that if the standard of care mattered, the test writers wouldn't be so in your face about how careful the person was. They like to hide what matters and highlight what doesn't. So when you see them showing their cards, consider if they are showing you a fake deck.