Duty (more) & Causation blending into a smoothie

Question 1

civil impossibility doctrine

Answer 1

As a matter of law not responsible for not preparing for a 1,000 year freeze.

Question 2

Factors to look at when duty is mixing in w/causation

*Distance/Time Duty Scope

Answer 2

Reasonable (foresight), Foreseeable, Probable (not just possible): The greater DISTANCE in time the less it is probable & less a duty

Question 3

Good example = Neg per se

Answer 3

violation of a statute is the fault based act:

• can be a breach problem or causation problem (can also define injury)
• statute most useful way to describe causation.

Question 4

Francis T case

Answer 4

did housing authority foresee a “violent’ crime, not just a crime.

Question 5

Scalia & how to analyze chain of causation

Answer 5

how tight /specific is the connection between the defendant and the activity

Question 6

Romero v. NRA

Answer 6

gun thief case. (1984) NRA’s foreseeability v. employees responsibility. NRA was a but, for cause (scientific cause) but ct uses distance/time to refer to duty ( foreseeable, natural probable conseq.)

Question 7

How is braun (v.SF) different from Romero?

Answer 7

(Braun v. Soldier of Fortune-assasin ad)
Romero, NRA- workplace, safety rules(inadvertently careless)
Braun- volitional act, KWSC, Reckless?, causal chain is tighter due to higher culpability level

Question 8

If you have a higher culpability state of defendant then…

Answer 8

more confident can be w/ a causal leap. More culpable=> say tighter chain.

Question 9

argument against causal chain in Braun?

Answer 9

parties had NO relationship w/each other beside this ad (how can extend duty?) &
magazine engaged in 1st amend protected activity-nature of conduct is mere expression which is what they were doing. “whats the causal relationship btwn a publisher & a murderer”

Question 10

“plaintiff/hazard/harm” was another way of saying

Answer 10

proximate cause

Question 11

How does 1st amend integrated w. negligence law (usu)?

Answer 11

In DUTY:

1st amendment- heightens standard- reasonable publisher + if a reas. publisher on Face of AD would investigate.

Question 12

If you defense and “expression” is an issue….

Answer 12

then make it a 1st amendment issue, claim a qualified privilege (tarasoff-no duty protect further extended 3rd parties)= Elevates burden of proof and shifts burden to plntf

Question 13

intervening criminal actor

can’t just be foreseeable, need tight causal chain

Answer 13

scalia– who/what created opportunity? was it reasonably foreseeable someone would avail itself of opportunity (restatement) “nature’ of def’s conduct?-CIVIL wrong issue?

Question 14

relig. motivated behavior & foreseeability

Answer 14

an intervening conduct that is constitutionally protected.
Braun-predicate conduct def was free speech (policy=limited/restrained for 1st amendment) VS here, intervening conduct (policy=extend to free exercise of religion)

Question 15

circumscribed

Answer 15

restrict something w/in limits. confine, restrain.