Torts

Question 1

What is the majority rule for proximate cause?

Answer 1

Proximate cause requires that the plaintiff suffer a foreseeable harm that is not too remote and is within the risk created by the defendant’s conduct.

Question 2

What is intervening cause?

Answer 2

An intervening cause is a factual cause of the plaintiff’s harm that contributes to the harm after the defendant’s tortious act is completed.

Question 3

What is a superseding cause?

Answer 3

A superseding cause is any intervening cause that breaks the chain of proximate causation between the defendant’s tortious act and the plaintiff’s harm, preventing the original tortfeasor from being liable to the plaintiff.

Question 4

What is the choice of law rule for a tort claim?

Answer 4

Most significant relationship test

• Where injury occurred
• Where the conduct causing the injury occurred
• Domicile, residence, nationality, place of incorporation, and place of business of the parties
• The place where the relationship, if any, between the parties is centered

Question 5

Liability for private nuisance arises when:

Answer 5

The defendant’s interference with the plaintiff’s use and enjoyment of their property’s both (1) substantial and (2) unreasonable