Causation (Negligence) Bar Prep

Question 1

Both of these types of causation must be proved to prevail in a negligence suit

Answer 1

(1) Factual Causation (Cause in fact)

(2) Proximate Cause

Question 2

What test is used for cause in fact causation?

Answer 2

But-for test

Question 3

What tests are used if the standard fact in causation test doesn’t apply (aka there are multiple causes)

Answer 3

(1) Merged causes (substantial factor) test

(2) Unascertainable causes test

Question 4

Substantial factor test

Answer 4

Where several causes bring about injury, and any alone would have been sufficient to cause the injury, the defendant’s conduct is the cause in fact if it was a substantial factor in causing the injury

Question 5

Unascertainable causes approach

Answer 5

This test applies when there are two acts, only one of which causes injury, but it is not known which one.

Burden of proof shifts to the defendants, and each must show that his negligence is not the actual cause.

Question 6

What test is used for proximate cause?

Answer 6

Foreseeability test (defendant is generally liable for all harmful results that are normal incidents of and within the increased risk caused by their negligent acts)

Question 7

Common foreseeable intervening acts

Answer 7

(1) Medical malpractice

(2) Negligence of rescuers

(3) Protection or reaction forces to the defendant’s conduct, including efforts to protect person or property

(4) Disease or accident substantially caused by the original injury

Question 8

T or F: Criminal acts are not a type of intervening force that is always foreseeable

Answer 8

True

Question 9

Intervening forces

Answer 9

Defendant is liable when their negligence caused a foreseeable reaction from an intervening force or created a foreseeable risk that an intervening force would harm the plaintiff

Question 10

Types of intervening forces that are not a natural response or reaction but may be foreseeable (3):

Answer 10

(1) Negligent acts of third persons

(2) crimes and intentional torts of third persons

(3) acts of god

Question 11

Superseding forces

Answer 11

• Intervening forces that produce unforeseeable events
• Superseding forces break the causal connection between the defendant’s initial negligent act and plaintiff’s ultimate injury, thus relieving defendant from liability