tort law week 4

Question 1

causation

Answer 1

It establishes the necessary connection in tort law between the defendant’s misconduct (or a source of danger) and compensable damage.

Question 2

causation in fact

Answer 2

Focuses on the direct factual link between the defendant’s conduct and the plaintiff’s harm.

Question 3

Condition sine qua non (But-for Test)

Answer 3

Would the damage have occurred without the tortfeasor’s actions?

Question 4

deficiencies

Answer 4

multiple causes, all-or-nothing, overly broad, and equal consequences

Question 5

causation in law

Answer 5

Examines legal policy considerations regarding the defendant’s
responsibility for consequences.

Question 6

establishing causation DE

Answer 6

Uses joint and several liability (§ 830(1) BGB).

Question 7

establishing causation UK

Answer 7

Applies joint and several liability based on case law.

Question 8

establishing causation FR

Answer 8

Adopts joint and several liability through court decisions.

Question 9

several liability

Answer 9

Each party is responsible only for their share of the
fault.

Question 10

joint liability

Answer 10

Multiple parties are liable for the same harm, and the
injured party can choose to sue any or all for the full amount.

Question 11

joint and several liability

Answer 11

Each party is responsible for the entire damage, allowing the injured party to seek compensation from any
defendant(s).

Question 12

succesive causes scenario 1

Answer 12

Second Event Causing Same Damage

Question 13

succesive causes scenario 2

Answer 13

Second Event Increasing Damage

Question 14

limiting causation DE

Answer 14

Employs adequacy and scope of the rule theories.

Question 15

limiting causation FR

Answer 15

Uses the direct cause theory.

Question 16

direct cause theory

Answer 16

Requires a certain and direct causal connection,
but in practice, it rarely restricts liability.

Question 17

limiting causation UK

Answer 17

focuses on foreseeability

Question 18

adequacy

Answer 18

Limits liability to reasonably foreseeable
consequences or those covered by intent.

Question 19

scope of the rule

Answer 19

Considers whether the violated rule intended
to protect the victim from the specific damage.

Question 20

foreseeability

Answer 20

Liability is limited to foreseeable consequences, though the exact sequence of events leading to them need not be foreseen.

Question 21

thin skull rule

Answer 21

liability for unforeseeable outcomes,’’ takes the victim as they find them’’

Question 22

liability for unforeseeable outcomes

Answer 22

The defendant is liable for outcomes
that are not reasonably foreseeable due to the victim’s pre-existing
vulnerabilities.

Question 23

takes the victim as they find them

Answer 23

The defendant is responsible for the
consequences of the claimant’s vulnerabilities.