Cause in Fact Flashcards

1
Q

Default Test

A

But For

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2
Q

But For Test

A

Satisfied if P’s harm would not have happened but for D’s unreasonable conduct

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3
Q

Application of But For

A
  • Pretend D acted consistent with SOC; does P’s injury still happen
  • Yes, c/f not satisfied because P’s injury would have happened no matter how D acted
  • No, c/f satisfied
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4
Q

Burden of Proof for But For

A

is preponderance of evidence (more likely than not)

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5
Q

But For with RIL

A
  • about occurence
  • RIL is inferring D did something unreasonable
  • Pretend they acted reasonably
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6
Q

But For with Intentional Torts

A
  • No presumed injury = but for [trench would P still be alive]
  • If presumed injury = but for trespass would there be a presumed injury
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7
Q

Multiple Sufficient Causes

A
  • Two conducts, either of which alone would have caused the same damage, instead combine to cause the damage
  • Two fires test
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8
Q

Multiple Sufficient Causes Majority Test

A
  • Substantial Factor
  • Whether D’s conduct is c/f if it was a substantial factor in causing the harm
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9
Q

Multiple Sufficient Causes Minority Test

A
  • Sufficiency Test
  • Whether D’s conduct alone would have caused this damage
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10
Q

Alternative Liability

A
  • Two or more conduct, but only one caused the harm and we don’t know which one
  • Two shooters shooting at a bird towards a dude
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11
Q

Market Share Liability

A
  1. Sue substantial share of manufacturers
  2. Burden shifts to Ds to negated c/f
  3. Liable based on their market share
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12
Q

Lost Chance of Recovery

A

P is in bad shape before they get to the ER and then doctor commits malpractices and P ends up dead

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13
Q

Burden of Proof Lost Chance of Recovery

A

Preponderance of Evidence (more likely than not)

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14
Q

Lost Chance of Recovery Minority Rule

A
  • Injury: death
  • Damages: for death. P has to prove death was not inevitable
  • P has to prove at leave 51% chance of surviving before the malpractice
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15
Q

Lost Chance of Recovery Majority Rule

A
  • Injury: lost chance of survival
  • Damages: based on that lost chance due to medmal
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16
Q

Chance of Future injury

A

Person is fine and medmal makes it so they could have an injury in the future

17
Q

Chance of Future Injury Majority Rule

A
  • All or Nothing
  • Have to prove future injury more likely than not will occur
  • Full damages for that future harm
18
Q

Chance of Future Injury Minority Rule

A
  • Chance of Future Injury
  • Injury is risk of future injury (risk is present injury)
  • Damages limited to that increased risk
19
Q

How to Approach C/F

A
  • Start with But For
  • Switch if facts dictate it
  • Just because more than one D not automatically a different test
20
Q

C/F Tests for Intentional Torts

A
  • But For
  • Multiple Sufficient Causes
  • Alternative Liability
21
Q

C/F Tests for Negligence

A
  • But For
  • Multiple Sufficient Causes
  • Alternative Liability
  • Market Share
  • Lost Chance Recovery (medmal)
  • Future Injury (medmal)