In the 1972 the Supreme Court heard a case, Laird v. Nelms, where the plaintiff\
ID: 449261 • Letter: I
Question
In the 1972 the Supreme Court heard a case, Laird v. Nelms, where the plaintiff's farmhouse was flattened by the sonic boom caused by a government aircraft. The plaintiff sued under the Federal Tort Claims Act. It was established that the sonic boom did indeed flatten the farmhouse. However, the court ruled in favor of the defendant because the plaintiff could not show the "wrongful act or omission" on the part of the defendant. 1. Which liability rule did the court apply? Explain. 2. If the court applied a strict liability rule, who would have incentives to take precaution? Who would have incentives for efficient unobservable precaution or activity levels? Explain. 3. If the court applied a negligence rule, who would have incentives to take precaution? Who would have incentives for efficient unobservable precaution or activity levels? Explain.Explanation / Answer
Q ) Which liability rule did the court apply ?
A ) The court stated that the Nelms could proceed on the theory of absolute liability. The liability rule was strict or absolute liability for ultrahazardous in their official capacities.
Absolute liability means that irrespective of how the tortfeasor proves hismeslf, its is known automatically, when any damages are a result of the decision amde to engage ina dangerous activity.