Actual Cause Flashcards Preview

Nippon (Torts) > Actual Cause > Flashcards

Flashcards in Actual Cause Deck (5)
Loading flashcards...

Definition of Double Fault Doctrine

When a P cannot determine which of multiple negligence Ds caused his injury, all Ds are liable, and the burden of proof shifts to D


Definition of market share approach

P must bring before the court Ds representing a "substantial share" of the market. A D is dismissed from the case if it can prove that it did not produce the drug taken by the P. Each of the remaining Ds is severally liable for only that portion of the P's damages that corresponds to the percentage of its share of the market


What does proximate cause cut off?



Injury and foreseeability

the injury must have been at least a reasonably foreseeable (and not bizarre or extraordinary) result of D’s negligence


What affects proximate cause?

Space and time away from the injury