Proximate cause (contracts, public policy)

Question 1

Yoon: Proximate cause is usually a matter for the jury and how you deliver the facts greatly affects if a jury would find proximate causation. Whether juries would understand those instructions.
First a defective

Answer 1

Opening for class (recap)

Question 2

judges can not instruct a jury on proximate cause.

Answer 2

True

Question 3

Cordozo: Duty is a relational issue and duty of care is not owed to everyone. Only those who are foreseeably at risk. (Palsgraf)

Answer 3

Andrews: The defendant should be liable based on proximate cause

Question 4

Proximate causation and intervening causation

Answer 4

1) just because another cause gets between the harm and parties does not mean that proximate causation is destroyed.
a) superseding cause will break the causal action.

2) If the intervening act was extraordinary and enforceable e based on the normal course of events, then the act is superseding and breaks the causal link.

Question 5

Generally, intentional/criminal conduct is more foreseeable and therefore superceding. Negligence is more likely to be intervening generally.

Answer 5

How to approach analyzing third-party interference in approximate cause defenses.

Question 6

Rule from Fuller: Normally suicide is typically viewed by torts as a deliberate intentional act by the plaintiff and is therefore superceding. However, if the suicide was an irresistible impulse caused by brain damage, then the suicide is not intentional and voluntary. When he acted in a sudden frenzy. That is a good question.

Question 7

McCoy Rule and elements for rescue doctrine

Answer 7

The rescue doctrine allows the plaintiff to sue someone who creates an environment where the plaintiff has to foreseeably rescue someone and then gets injured. The law wants to encourage rescues by allowing rescuers to recover from the initial tortfeasor in the event the rescuers get injured.

Question 8

Rescue doctrine elements

Answer 8

1. Defendant’s negligence to the person rescued caused peril/appearance of peril to the person rescued.
2. The peril or appearance of peril must be imminent.
3. Circumstances must be such that a reasonable person would conclude the peril or appearance of imminent threat.
4. Recsuer acted with reasonable care.

Question 9

The rescuer acted with reasonable care.

Answer 9

1. Don’t just jump into the swim in the deep end to save someone if you can’t.
2. They will consider the fact that it is an emergency.

Question 10

Consider the following scenario

Answer 10

dialysis

Question 11

The vamp for Duty of Care in Negligence

Answer 11

Assume the duty element is satisfied.
1) If a person acts they have a duty to use reasonable care to avoid injuring others. If a person chooses to engage in an activity that can cause an injury to others, they have a duty to practice due care to mitigate the risk of injury.