Part 10 (Proximate Causation) Flashcards
What are the 4 Paradigms of Proximate Causation?
- Direct Causation
- Foreseeability
- Result within the Risk
- Normality
What is direct causation?
where the def is liable for any harm resulting from the Defs tortuous conduct as long as the harm is directly traceable back to the negligent act
What is Intervening Cause?
A force that comes into play after the Defs tortuous conduct and contributes to production of the harm
What is Superseding Cause?
An intervening force of the type that cuts off the Def’s liability
What are the 2 exceptions to superseding cause?
- Defs conduct neither created nor increased the risk of harm
- Unforeseeable intentionally tortuous/criminal act
What is the Rescue Doctrine?
It governs liability for losses subsequent to intervention. The policy behind this is to induce help, but not at all costs.
What are the 3 requirements of the Rescue Doctrine?
- Imminent Peril
- An act of intervention
- Tortuous conduct by the Def.
Who are the 3 people involved in the Rescue Doctrine?
Creator of the Peril
Victim (can also apply when the victim creates the peril)
Rescuer
What is Shifting Responsibility?
When the initial tortfeasor has done everything possible to avoid the harm, or if the omission is unforeseeable, responsibility may shift and the tortfeasor will not be liable for the subsequent loss
What are some relevent factors of Shifting Responsibility?
Lapse of Time
character and position of the 3rd party
contract governing duty to act
magnitude of threatened harm
What is Direct Cause?
an uninterrupted chain of events w/o any external intervening force (if there is a foreseeable harm result, then the def. is liable. IF there is unforeseeable harm result, def is not liable)
What is Indirect Cause?
a force independent of Def comes into play after Def’s negligent act and combine to cause harm to the plaintiff
Are Dependent Intervening Forces foreseeable?
Almost always (medical malpractice, diesease, accident, negligent rescuers
Are Independent Intervening Forces foreseeable?
May be foreseeable (acts of God, intentional torts, criminal acts)
