tort law week 4 Flashcards
causation
It establishes the necessary connection in tort law between the defendant’s misconduct (or a source of danger) and compensable damage.
causation in fact
Focuses on the direct factual link between the defendant’s conduct and the plaintiff’s harm.
Condition sine qua non (But-for Test)
Would the damage have occurred without the tortfeasor’s actions?
deficiencies
multiple causes, all-or-nothing, overly broad, and equal consequences
causation in law
Examines legal policy considerations regarding the defendant’s
responsibility for consequences.
establishing causation DE
Uses joint and several liability (§ 830(1) BGB).
establishing causation UK
Applies joint and several liability based on case law.
establishing causation FR
Adopts joint and several liability through court decisions.
several liability
Each party is responsible only for their share of the
fault.
joint liability
Multiple parties are liable for the same harm, and the
injured party can choose to sue any or all for the full amount.
joint and several liability
Each party is responsible for the entire damage, allowing the injured party to seek compensation from any
defendant(s).
succesive causes scenario 1
Second Event Causing Same Damage
succesive causes scenario 2
Second Event Increasing Damage
limiting causation DE
Employs adequacy and scope of the rule theories.
limiting causation FR
Uses the direct cause theory.
direct cause theory
Requires a certain and direct causal connection,
but in practice, it rarely restricts liability.
limiting causation UK
focuses on foreseeability
adequacy
Limits liability to reasonably foreseeable
consequences or those covered by intent.
scope of the rule
Considers whether the violated rule intended
to protect the victim from the specific damage.
foreseeability
Liability is limited to foreseeable consequences, though the exact sequence of events leading to them need not be foreseen.
thin skull rule
liability for unforeseeable outcomes,’’ takes the victim as they find them’’
liability for unforeseeable outcomes
The defendant is liable for outcomes
that are not reasonably foreseeable due to the victim’s pre-existing
vulnerabilities.
takes the victim as they find them
The defendant is responsible for the
consequences of the claimant’s vulnerabilities.
