Causation

Question 1

What is the Cause in fact/”but for” test?

Answer 1

Plaintiff must show that their injury would not have occurred but for the conduct of the wrongdoer

Question 2

What is the substantial factor test?

Answer 2

When there are multiple factors and either of the defendant’s actions alone would have caused the harm

Question 3

What is legal cause/proximate cause?

Answer 3

An act close enough in time and space, ordinary, and natural of what a reasonable person would foresee happening as a result of the conduct

Question 4

Proximate cause limits a defendants

Answer 4

Liability

Question 5

Foreseeability

Answer 5

What a reasonable prudent person would expect to happen as a result of an action they take, and therefore should protect others against the potential harm it would cause

Question 6

Intervening Cause

Answer 6

A natural or human force independent of the defendant’s original action that comes into motion AFTER the defendant’s original act

Question 7

Superseding; supervening; insulating cause

Answer 7

An intervening cause may be superseding; supervening; insulating if it is outside the scope of risk the defendant created

Question 8

What intervening causes do not cut off liability?

Answer 8

1. Subsequent medical malpractice
2. Negligent rescue by a third party
3. Reaction forces
4. Subsequent disease and accidents

Question 9

What intervening causes may cut off liability?

Answer 9

1. Negligence of a third party
2. Criminal conduct of third party
3. Act of god