EC UC360 - A skier is killed when he collides with another
Answer two of the following three questions (13, 14, 15). Be very clear. Each question around 150 words. For each of the situations listed below, indicate whether strict liability or some form of a negligence rule would be preferred on efficiency grounds and explain your reasoning. In developing your answers you should consider the effects of each liability rule on both precaution and activity level, i.e., the question of who is the residual bearer of harm should be factored into your analysis. To answer each question we have to consider first whether the situation is characterized by unilateral or bilateral precaution and, second, which party’s activity level has a greater effect on the probability of an accident and should therefore be the residual bearer of harm. Write your answers in the space below.
- 13 A skier is killed when he collides with another skier. Both skiers were traveling at a high rate of speed toward the same area along opposite sides of a point extending halfway down the mountain. Some trees made it impossible for the skiers to see each other until they were almost at the area.
- 14 A person who is allergic to peanuts gets sick and is hospitalized after eating food at a Chinese restaurant that uses peanuts. The menu did not indicate that the item in question contains peanuts.
- 15 A driver on an interstate highway is injured in a multi-car pileup. At the time of the accident there was blowing and drifting snow and high wind. In addition, the roads were snow covered. The driver had barely stopped in time to avoid five cars that had just collided in front of him when he was struck in the rear by another driver who did not see the accident in time to slow down and avoid the ensuing collision.