Causation

Question 1

Cause in Fact

Answer 1

The But For Test: ∆’s conduct is the cause in fact of any injury when the injury would not have occurred.

Alt. Tests (W/multiple ∆s):

• Substantial Factor Test = Use in cases w/multiple ∆s and a co-mingled cause (like pollution)
• Burden Shifting = Use in cases w/multiple ∆s and an UNKNOWN cause

Question 2

Proximate Cause

Answer 2

General Principle: Proximate cause is a limitation on a ∆’s liability. A person is ONLY LIABLE for those harms that are W/IN THE RISK of his activity
-Harms w/in the risk

Direct Cause Fact Patterns: FORESEEABLE (like ripples)

Indirect Cause Fact Patterns: INTERVENING

• Foreseeable cause & result = π wins
• Unforeseeable cause & result = π loses
• Fuzzy in between that

Cases in which intervening cause WILL ALMOST NEVER cut off liability (almost always foreseeable)

• Subsequent Medical Malpractice
• Negligence Rescue
• Reaction Forces (shooting gun in air)
• Subsequent Diseases or Accidents

Cases in which an intervening cause WILL NOT cut off liability IF ∆ CAN ANTICIPATE THE INTERVENING CAUSE

• Negligence of a 3rd Party
• Criminal Conduct
• Acts of God