Part Five.3: Negligence > Causation Flashcards Preview

Torts > Part Five.3: Negligence > Causation > Flashcards

Flashcards in Part Five.3: Negligence > Causation Deck (9)
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1

In general, what is the rule regarding "negligence" and "causation"?

For liability to attach, P must show both:

1. Actual Cause; and
2. Proximate cause

2

What are the three tests for showing "actual cause"?

1. "But For" Test
2. Joint Causes - "Substantial Factor" Test
3. Alternative Causes Approach

3

With regards to establishing "actual cause", what is the "But FOR" test, and when is it used?

"But For" Test - injury would not have occurred BUT FOR the act

When to use: Where several acts (each insufficient to cause injury alone) combine to cause injury

4

With regards to establishing "actual cause", what is the "Substantial Factor" test, and when is it used?

"Substantial Factor" test (joint causes) - Where several causes bring about injury, and any one alone would have been sufficient to cause injury, actual cause is satisfied if it was "SUBSTANTIAL FACTOR" in causing the injury

5

With regards to establishing "actual cause", what is the "Alternative Causes" test, and when is it used?

When applies:
- if there are two acts, only one of which causes injury but it's not known which one

Result:
- Burden of proof shifts to D's, and each must show that his negligence is NOT the actual cause (Summers v. Nice)

6

With regards to "proximate cause", what is the general rule?

- D is generally liable for all harmful results that are normal incidents of and within the increased risk caused by his acts.

-this is a foreseeability test

7

With regards to "proximate cause", what is the general rule in a "direct cause" case?

-where there is an uninterrupted chain of events from negligent act to P's injury, D is liable for:

- All foreseeable harmful results, regardless of the unusual manner in which they arose, or the unusual timing of cause and effect.

- D is NOT liable for unforeseeable harmful results not within the risk created by D's negligence

-NOTE: most harmful results will be deemed foreseeable in direct cause cases

8

With regards to "proximate cause", what is P's liability if there is a "Foreseeable intervening force"?

D is liable --> for FORESEEABLE harmful results
D is NOT liable --> for UNFORESEEABLE harmful results

9

With regards to "proximate cause", what is P's liability if there is an "unforeseeable intervening force"?

D is liable --> for FORESEEABLE harmful results, UNLESS intervening force is crime or intentional tort

D is NOT liable --> for UNFORESEEABLE harmful results. Intervening force is superseding