Chapter 6 Examples

Question 1

Cause in fact?

Answer 1

The hotel has improperly stored trash that catches fire and causes a person in the hotel to die from smoke inhalation. Failure to attend the trash was failure by the hotel to protect its guests. A hotels failure to install a fire escape is NOT the cause in fact because the person would have died regardless of a fire escape being there or not.

Question 2

Proximate Cause

Answer 2

It limits consequences that are too remote or too far removed from negligent conduct. Palsgraf case tbh
or the great fire of 1871. Where ms oLeary;s cow knocked over an oil lamp that she didn’t put out. The chain of events were so random and unforeseeable that would hold her exactly liable.

Question 3

Intervening Conduct

Answer 3

Colbert Construction wants to dig a ditch across a sidewalk , when the workers quit they left a hole uncovered and didn’t place a warning, if lady gaga shoves Jay-Z into the hole and Jay-Z is hurt, Gaga’s act is intervening conduct that relives Colbert construction of their liability.

Question 4

Danger-Invites-Rescue

Answer 4

If Jay-z falls in the ditch and drowns because of rainwater and Dr.Dre comes to his rescue and dies trying to save Jay-z then Colbert Construction is liable for the losses suffered to attempt to save others who are in danger.

Question 5

Establishing Intent

Answer 5

If Brit fires a gun into a crowd it is a wrongful act which does not relieve her of liability whether or not she meant to or not.

Question 6

False Imprisonment

Answer 6

You cant hold someone for longer than an hour legally -like at a mall security guard office.