Proximate Cause Tests Flashcards
Directness test
○ As long as D’s conduct poses a direct risk, responsible for all resulting harm
○ Liable for anything that occurs in a continuous and unbroken sequence of events
○ Causal chain will be disrupted by an intervening/superseding cause
Foreseeability test
○ Only liable for what harm was foreseeable at the time of the negligence
○ What would a reasonable person have foreseen as the consequences of that
particular action?
○ Harm need only be generally foreseeable; do not need to foresee the exact mechanism/fact pattern by which it will occur
○ Ex ante test
risk/benefit test
○ Liable for remote results when the risk (PL) outweighs the burden D would have
had bear to take precaution
○ Do B
Extraordinary in hindsight test
○ Not liable for consequences that were highly extraordinary
○ Similar to foreseeability test
○ Emphasized that D might not have foreseen looking forward what we “foresee”
looking backward
○ Ex post test
De minimis risk test
○ If risks are trivial, not liable for manifestations of the risk that may occur
○ Generally reserved for risks that are a very low probability and only modest
consequences
○ Essentially, PL is so low that any B will automatically be higher
○ Ex. Bolton v. State (the cricket ball case)