PROX CAUSE

Question 1

Prox cause/scope of liability definition…

Answer 1

• whether D’s negligent conduct is sufficiently related to P’s harm to warrant holding D liable, largely about foreseeability

Question 2

Superseding, Intervening Act

Answer 2

• act by 3rd party that joins with D’s conduct to cause P’s harm
• highly unforeseeable, freakish/bizarre, time and space, and relative culpability (more culpable, foreseeable)

Question 3

Foreseeability Issues

Answer 3

• type of harm = must be foreseeable
• manner of harm = level of culpability (superseding intervening act)
• extent of harm = take victim as she is (egg shell), and liable for full extent of harm