Causation

Question 1

“But for” cause

Answer 1

Link between breach and harm. But for the breach, no harm.

Can be multiple

Question 2

But for cause rebuttal

Answer 2

“Even if”

Question 3

Factual Causation: Merged causes

Answer 3

2 D’s acting independently of eachother commit a breach combining into a single indivisible harm.

Use SUBSTANTIAL FACTOR test

Question 4

Substantial Factor Test

Answer 4

Used in liue of but for in case of merged causes.

D liable if breach contributed in substantial way to ultimate injury.

If both breaches are a substantial factor, D’s held jointly and severally liable

Question 5

Factual Causation: Unascertainable cause

Answer 5

2 acts, only one of which causes injury, but unknown which one.

Ex. Both people negligently fire shotguns in P’s direction. P hit once. Unclear who hit.

Shift burden of proof to Ds. Both may be liable.

Question 6

Proximate Cause

Answer 6

A limitation on liability based on forseeablness.

Was the harm a forseeable risk associated with the breach?

Question 7

Common Forseeable Intervening Forces

Answer 7

D liable in all of these cases.

Intervening:
1) Medical malpractice
2) Negligence of rescuers
3) Protection or reaction forces to the D’s conduct
–stampede after car runs red light
4) Disease or accident substantially caused by teh original injury
–crutches after injury

Question 8

Jointly and Severably liable definition

Answer 8

P can recover ALL damages from either negligent party.

Practically: this means that one negligent party can go after the other afterwards.