Negligence - causation

Question 1

causation in fact

Answer 1

but for D’s actions would harm have occurred?
Yes - not causation
No - causation

51% chance + needed to show it would have happened anyway

Question 2

causation in law

Answer 2

Wagon Mound
TYPE of harm reasonably foreseeable
exception is thin skull rule

Question 3

Causation when harm caused by accumulation

Answer 3

D’s negligence made a material contribution to harm

Question 4

Causation when harm caused by one unidentified D but all Ds are negligent

Answer 4

D is liable when he failed to take a step that materially increased the risk of harm

Question 5

Causation when harm caused by one unidentified D but not all possible causes are negligent

Answer 5

No liability

Question 6

When a second unconnected tort causes the same or more harm than the first tort who is liable

Answer 6

T1 still liable for damage unless further damage caused by natural event
T2 not liable if caused same harm as T1 but liable if caused greater harm.

Question 7

What does an intervening act do

Answer 7

it contributes to the eventual damage in such a way that it breaks the chain of causation

Question 8

Types of intervening acts

Answer 8

natural event
3rd party - was it a natural and probably consequence of D’s negligence - if yes no break in chain
act of C - was it unreasonable? If only a little unreasonable consider contributory negligence. Very unreasonable breaks chain. Not unreasonable doesn’t break chain.