C.I.F.

Question 1

Who decides?

Answer 1

• jury decides

Question 2

CIF test - “but for” test

Answer 2

• single cause and single D

- “but for” D’s negligent conduct, P would not have suffered specific injuries

Question 3

CIF test - substantial factor

Answer 3

• multiple tortfeasors

- whether D’s conduct was a substantial factor in contributing to P’s injuries

Question 4

CIF test - alternative liability

Answer 4

• cannot use “but for” or substantial tests because 1 D is responsible and other is not
• need small number of D’s
• all D’s are sued together
• P needs to establish fault by each, BOD by each
• burden shifts to D’s to prove they did not cause it
• if cannot prove it was not their conduct that caused the injury, they are both held joint and severally liable

Question 5

CIF test - market share liabilty

Answer 5

• CA
• applies to suppliers of defective products where P cannot prove which brand (limited to DES)
• pay market share %

Question 6

Joint and Several Liability

Answer 6

• each D is liable for entire amount (P can only sure one for full amount)

Question 7

Loss of Chance

Answer 7

• diminish or destroy patient’s chance of survival

- traditional approach (CA) - must prove that but for misdiagnosis, P would not have died