Negligence Elements

Question 1

What are the elements of negligence?

Answer 1

Negligence requires that the actor (1) owes the victim a duty to conform to (2) a particular
standard of care, (3) breaches that duty and, so doing, (4) actually and (5) proximately causes (6)
legally cognizable harm to the victim.

Question 2

What are the four test of actual causation in negligence?

Answer 2

the but-for test,
* the concurrent-causes doctrine,
* the substantial-factor test, or
* the alternative-causes doctrine

Question 3

What is the but for test of causation?

Answer 3

The but-for test is satisfied if the victim’s injury would not have occurred without
the actor’s breach of duty.

Question 4

What is the concurrent-cause doctrine of causation?

Answer 4

Causes are concurrent if (1) multiple forces combine to cause the harm and (2)
no single force alone would suffice to cause the harm. If each force results from a
different actor’s negligence, then each negligent actor may be held liable for the
entirety of the ensuing harm.

Question 5

What is the substantial factor test of causation?

Answer 5

The substantial-factor test applies if (1) multiple forces combined simultaneously
to cause the victim’s harm, (2) any one of these forces would have been sufficient
by itself to cause the harm, and (3) it is impossible to tell which force caused what
portion of the harm. If the actor’s negligence was a substantial factor in causing
the harm, then that negligence will be treated as the actual cause of the injury,
notwithstanding any other independent forces

Question 6

What is the alternative cause doctrine of causation?

Answer 6

The alternative-causes doctrine applies if (1) multiple actors were negligent, (2) at
least one caused the harm, and (3) it is impossible to tell which actor’s negligence
caused the harm. Here, the burden will shift to each negligent actor to show that
his negligence did not cause the injury. Each actor who fails to make that showing
will be liable.