lesson 4

Question 1

causation in fact

how does the ‘but-for’ test work?

Answer 1

you ask whether the harm would still have happened if you excluded the tort-feasors act.

Question 2

What is causation?

Answer 2

link between misconduct (intention/negligence) and the harm caused (compensable damage)

Question 3

what are some defencies for ‘‘but-for’’ test?

Answer 3

-when there are multiple causes (2 hunters problem)
-does not provide solution where claimant lost a chance because of defendant.
-if everything is considered a possible cause, we go back to adam and eve.
-all consequenses are equal (one person has to compensate lots of people= unfair)

Question 4

causation in law

how to establish causation when there is more than one possible cause?

Answer 4

-generally- persons only pay damage for the part they cause.
otherwise- joint liability, several liability, joint+ several liability.

Question 5

What is the thin skull rule?

Answer 5

• it is the liability for unforeseeable outcomes.
• tortfeasors take victim as they find them (you also pay damages if claimant dies in a week)

Question 6

What is joint liability?

Answer 6

-joint liability is when multiple parties are found liable for same harm.
-injured party can sue one or all of them for full amount of damages.

Question 7

What is several liability?

Answer 7

-Each party is only responsible for their
share of the fault.
-the injured party only gets damages proportionally to tortfeasors extent of fault.

Question 8

What is joint+ several liability?

Answer 8

Each party is responsible for the entire damage award. The injured party has the
flexibility to seek compensation from one or more defendants.

Question 9

succesive causes

what would have been the outcome if the second event would have caused the same damage?

Answer 9

-harm from event 1: T1 is liable. Harm from event 2: T1+T2 is liable.
-no one liable second event?
-DE/UK- T1 liable untill second event
-FR- T1 liable for both