Lecture Week 10

Question 1

Causation

Answer 1

Plaintiff must show defendants unreasonable conduct caused the injury suffered by the Plaintiff

Question 2

factual Causation

Answer 2

Requires the plaintiff to show there is a factual connection between unreasonable conducts and the injury

Question 3

What are the tests for factual causation?

Answer 3

Single Cause, Multiple Cause, Uncertainty

Question 4

Single Cause test

Answer 4

if there is only one cause for the injury, then the courts may apply the “but for” test for factual causation

Question 5

“but for” test

Answer 5

Plaintiff must show that but for the defendants unreasonable conduct the injury would not have occured

Question 6

Multiple causes test

Answer 6

If there are possible more than one cause for the injury, courts apply the “substantial factor” test
P must show that D’s act was more than likely the cause of the injury

Question 7

Uncertainty

Answer 7

In some cases, there might be uncertainty as the cause of P’s injury
This requires expert testimony

Question 8

Proximate Causation

Answer 8

Requires p to show that the injury is not the remote consequence of D's unreasonable conduct 
Two tests
1. Directness
2. Foresee-ability
Legal Policy also considered

Question 9

Directness Case

Answer 9

If the injury can be directly connected to the unreasonable conduct without an unforeseeable intervening cause the unreas conduct is the legal cause

Question 10

Superseding Cause

Answer 10

unforeseeable intervening cause that will cut off liability of original actor

Question 11

foresee-ability Test

Answer 11

If the injury is the foreseeable consequence of the unreasonable conduct then then the unreasonable conduct is the legal cause
Exception: Egg shell plaintiff- D is liable for all personal injuries that are the direct and factual result of the unreas conduct even if the injury was not foreseeable
You take the plaintiff as you find him