Negligence (4) Proximate Cause

Question 1

2 Tests; Only One will Apply

Promixate Cause Tests

Answer 1

Foreseeability (Maj) & Direct Consquences (Min)

Question 2

Prox Cause

Foreseeability (Maj)

Answer 2

Satisfied if accident/injury is reasonably foreseeable consequence from D’s conduct

Could be negated by intervening act

Question 3

Prox Cause

Direct Consequences (Min)

Answer 3

Satisfied if P’s injury directly resulted from D’s conduct; if there was a direct connection

Negated by intervening act

Question 4

Definition + what IAs do to Foreseeability & DCs

Intervening Act

Answer 4

anything that happens between D’s conduct and P’s injury (chronologically) – especially a third party

Foreseeability: could negate
DC: WILL negate

Foreseeability: could negate; Direct Consquences: WILL negate

Question 5

Definition + what SCs do to Foreseeability & DCs

Superseding Cause

Answer 5

Intervening act that is unforeseeable, negates proximate cause

Negates both foreseeability & DC

Negates both foreseeability & DC

Question 6

Eggshell Plaintiff Rule

Answer 6

Take P as they are, damages include P’s pre-existing conditions