Proximate Flashcards
Polemis
As long as there is some harm foreseeable, even if completely different from type of harm, there is full liability
Wagon mound one
In order to be liable the defendant would have to foresee the risk. Foreseeability to the risk test.
Wagon mound 2
Same facts as one, broadened the foreseeability of risk test
Cardozo
There must be a specific duty. The plaintiff must be within the zone of danger for their to be a duty to her. There is not a duty to every fucking body
The victim must be within the foreseeability of the accident
Andrews
Due care is a duty imposed to each person in society to protect in each person in society from unnecessary danger.
The explosion was foreseeable and any injury foreseeable
Restatement third
The defendant is liable to plaintiffs harm if the harm arose from within the scope of the danger.