Part Five.3: Negligence > Causation

Question 1

In general, what is the rule regarding “negligence” and “causation”?

Answer 1

For liability to attach, P must show both:

1. Actual Cause; and
2. Proximate cause

Question 2

What are the three tests for showing “actual cause”?

Answer 2

1. “But For” Test
2. Joint Causes - “Substantial Factor” Test
3. Alternative Causes Approach

Question 3

With regards to establishing “actual cause”, what is the “But FOR” test, and when is it used?

Answer 3

“But For” Test - injury would not have occurred BUT FOR the act

When to use: Where several acts (each insufficient to cause injury alone) combine to cause injury

Question 4

With regards to establishing “actual cause”, what is the “Substantial Factor” test, and when is it used?

Answer 4

“Substantial Factor” test (joint causes) - Where several causes bring about injury, and any one alone would have been sufficient to cause injury, actual cause is satisfied if it was “SUBSTANTIAL FACTOR” in causing the injury

Question 5

With regards to establishing “actual cause”, what is the “Alternative Causes” test, and when is it used?

Answer 5

When applies:
- if there are two acts, only one of which causes injury but it’s not known which one

Result:
- Burden of proof shifts to D’s, and each must show that his negligence is NOT the actual cause (Summers v. Nice)

Question 6

With regards to “proximate cause”, what is the general rule?

Answer 6

• D is generally liable for all harmful results that are normal incidents of and within the increased risk caused by his acts.
• this is a foreseeability test

Question 7

With regards to “proximate cause”, what is the general rule in a “direct cause” case?

Answer 7

• where there is an uninterrupted chain of events from negligent act to P’s injury, D is liable for:
• All foreseeable harmful results, regardless of the unusual manner in which they arose, or the unusual timing of cause and effect.
• D is NOT liable for unforeseeable harmful results not within the risk created by D’s negligence
• NOTE: most harmful results will be deemed foreseeable in direct cause cases

Question 8

With regards to “proximate cause”, what is P’s liability if there is a “Foreseeable intervening force”?

Answer 8

D is liable –> for FORESEEABLE harmful results

D is NOT liable –> for UNFORESEEABLE harmful results

Question 9

With regards to “proximate cause”, what is P’s liability if there is an “unforeseeable intervening force”?

Answer 9

D is liable –> for FORESEEABLE harmful results, UNLESS intervening force is crime or intentional tort

D is NOT liable –> for UNFORESEEABLE harmful results. Intervening force is superseding