Causation

Question 1

Factual or proximate causation first?

Answer 1

Factual

Question 2

Factual causation does what?

Answer 2

Connects breach to injury

Question 3

Be sure to never use the definite article “the” actual cause. Always use “a” cause. Why?

Answer 3

Every event has an infinite number of causes.

Question 4

Test for factual causation is called the what test?

Answer 4

But for

Question 5

To prove factual causation, the plaintiff must prove . . .

Answer 5

But for the breach, he would be uninjured today

Question 6

Two situations in which we don’t use the but for test for factual causation?

Answer 6

Mingled/Joint Causes

Unascertainable/alternative Cause

Question 7

“Mingled cause” cases involve . .

Answer 7

Two or more defendants, acting independently, create destructive forces that eventually mingle together and injure the plaintiff (e.g., two fires)

Question 8

In “mingled causes” cases, we use what test? What does it say?

Answer 8

Substantial Factor Test

A breach is a substantial factor if it was capable of causing the injury all by itself.

Question 9

In a mingled causes case, what happens if both causes are substantial?

Answer 9

Severally and jointly liable

Question 10

In an unascertainable cause case, what is true of the burden of proof?

Answer 10

It shifts to the defendants, and the defendants must try to exonerate themselves.

Question 11

The test of fairness for proximate cause is ______.

Answer 11

Foreseeability.

Question 12

In a direct cause case, the only time you will NOT have a foreseeable outcome is when you are comfortable characterizing the outcome as ____ or _____

Answer 12

Freakish or Bizarre

Question 13

What is the general test we apply for proximate cause? Explain it.

Answer 13

Foreseeability.

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

Question 14

The Well-Settled Quartet of Foreseeable Outcomes (i.e. cases where someone else does that discrete act, but your liable because you put the events in motion). What are they?

Answer 14

Intervening Medical Malpractice

Intervening Negligent Rescue

Intervening Reaction or Protection Force

Subsequent Disease or Accident

Question 15

Independent intervening forces that are not a natural response or reaction to the situation created by the defendant’s conduct MAY be foreseeable if the defendant’s negligence . . .

Answer 15

Increased the risk of harm from these forces.

Question 16

When there are foreseeable results caused by unforeseeable intervening forces, the defendant usually is/isn’t liable.

Answer 16

Is

Question 17

When there are unforeseeable results caused by foreseeable intervening forces, the defendant is/isn’t liable.

Answer 17

Isn’t

Question 18

When there are unforeseeable results caused by unforeseeable intervening forces, the defendant is/isn’t liable.

Answer 18

Isn’t

Question 19

In the rule excusing D from liability in situation where there is an unforeseeable result caused by an unforeseeable intervening force, the intervening forces that produce the result are generally deemed unforeseeable and ______

Answer 19

Superseding.

Question 20

Superseding forces do what in a proximate causation situation?

Answer 20

Break the causal connection between the defendant’s initial negligent act and the plaintiff’s ultimate injury, thus relieving defendant of liability.

Question 21

For liability to attach, a plaintiff must prove actual cause, proximate cause, or both?

Answer 21

Both

Question 22

Before D’s conduct can be considered a proximate cause of P’s injury, it must first be a ____ __ ____ of the injury.

Answer 22

Cause in fact (actual)

Question 23

Foreseeability Test: A D is generally liable for all harmful results that are the ____ ____ of and within the ____ ____ caused by his acts.

Answer 23

Normal incidents

Increased risk

Question 24

Foreseeability Test: A D is generally liable for all harmful results that are the normal incidents of and within the ____ ____ caused by his acts.

Answer 24

Increased risk

Question 25

Foreseeability Test: A D is generally liable for all harmful results that are the _____ ______ of and within the increased risk caused by his acts.

Answer 25

Normal incidents

Question 26

In a direct cause case, where there is an uninterrupted chain of events from the negligent act to P’s injury, D is liable for ___ ____ ____, regardless of the unusual manner in which they arose or the unusual timing of cause and effect.

Answer 26

All foreseeable harms

Question 27

In a direct cause case, where there is an uninterrupted chain of events from the negligent act to P’s injury, D is liable for all foreseeable harms regardless of the unusual manner in which they arose or the unusual timing of cause and effect. D is NOT liable for _____ ___ ___ not within the risk created by D’s negligence.

Answer 27

Unforeseeable harmful results

Question 28

Most harmful results will/won’t be deemed foreseeable in direct cause cases.

Answer 28

Will

Question 29

Liability? Foreseeable harmful result from a foreseeable intervening force?

Answer 29

Yes

Question 30

Liability? Foreseeable harmful result from an unforeseeable intervening force?

Answer 30

D liable UNLESS intervening force is a crime or intentional tort.

Question 31

Liability? Unforeseeable harmful result from a foreseeable intervening force?

Answer 31

No

Question 32

Liability? Unforeseeable harmful result from an unforeseeable intervening force?

Answer 32

No; superseding cause

Question 33

Which test when there are several acts which combine to cause the injury, where each cause would be insufficient to cause the injury alone?

Answer 33

But for