Week 4: Negligence - Causation

Question 1

What is Actual Causation?

Answer 1

The negligent act would not have occured “but for the breach of duty” of the defendant

Question 2

What is Foreseeability?

Answer 2

A party’s actions may be deemed negligent only where the injurious consequences of those actions were foreseeable

Question 3

What is Intervening Cause (Supervening)?

Answer 3

One which comes into active operation in producing the result AFTER the negligence of the defendant (i.e. set fire to field, THEN wind picks up and pushes fire to someones house: wind was intervening force)

Question 4

What is Superseding Cause?

Answer 4

An intervening cause which is so substantially responsible for the ultimate injury that it acts to cut off liability of preceding actors regardless of whether their prior negligence was or was not a substantial factor in bringing about the injury complained of

Question 5

What is Direct Causation?

Answer 5

The defendant is liable for all consequences of his or her negligent act, provided that the consequences of the act are not due in part to a “superseding intervening cause”

Question 6

What are Compensatory Damages?

Answer 6

Those damages directly referable to the branch or tortuous act. Losses which can readily be proven to have been sustained, and for which the injured party should be compensated as a matter of right