Cause in Fact Flashcards
What is cause in fact?
The literal causal connection between the ∆’s negligent act and the π’s harm
What are the two tests for cause in fact?
- But For
2. Substantial Factor
When do you use the Substantial Factor test?
When there are simultaneous forces.
Requires π to show that ∆ was a substantial factor in causing the injury, even if it would’ve occurred anyway (salt fish pond)
What does the Substantial Factor test look for?
The degree to which the conduct of a particular ∆ was a substantial factor in causing the harm. If ∆’s act was insignificant compared to others, it will relieve ∆ of liability
What does the third restatement say about the Substantial Factor test?
Chuck it, and just use But For test for each ∆
What are the elements of Joint and Several Liability?
- Indivisible injury (π can’t tell which defendant ∆ did what)
- Each ∆ is fully liable for π’s injury (concerted action)
- π can only collect one full recovery
- Contribution between ∆s exists (one ∆ pays out and then sues the others for their share)
- Indemnification might exist (car insurance for example)
What is Several Liability?
No ∆ pays more than the portion of their injury – π has to go after each ∆
What kind of injury does Several Liability apply to?
Divisible injuries
What kind of injury does Joint & Several liability apply to?
Indivisible
What is the majority rule for joint/ several liability?
Majority rule - Joint & Several
What is the minority rule for joint / several liability?
Minority - Several liability
What is pro rata and pro tanta apportionment for liability?
Pro rate = 50/50, pro tanta = their portion of the fault
