Proximate Flashcards

1
Q

Polemis

A

As long as there is some harm foreseeable, even if completely different from type of harm, there is full liability

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2
Q

Wagon mound one

A

In order to be liable the defendant would have to foresee the risk. Foreseeability to the risk test.

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3
Q

Wagon mound 2

A

Same facts as one, broadened the foreseeability of risk test

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4
Q

Cardozo

A

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

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5
Q

Andrews

A

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

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6
Q

Restatement third

A

The defendant is liable to plaintiffs harm if the harm arose from within the scope of the danger.

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