Causation Flashcards
causation
causal relationship btwn ∆’s conduct and end result
but-for causation
∆’s conduct is cause in fact if prohibited result wouldn’t occur absent ∆’s conduct
proximate cause
an event is sufficiently related to an injury so that the courts deem the event to be the cause of that injury
examples of intervening causes to cut to proximity train
- normal & forseeable
- coincidental & unforseeable
- acts of god
- apparent safety doctrine
- de minimum contribution
- free, deliberate, and informed human intervention
apparent safety doctrine
you’ve reached a safe place where you’re no longer in danger. chain of proximate cause has been broken
de minimum contribution
a small contribution of the victim doesn’t create proximate cause when something else is “more” responsible
people v rideout
F: ∆ hit a car, the victim gets out to check on his car and gets hit by a third party and dies.jury said superceding cause removes ∆’s liability if it’s the sole cause
Q: whether the instruction was improper
A: Yes
Why?: you have to prove proximity to prove culpability