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5 Cards in this Set

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  • Back

General Rules of causation

Correlation does not causation


Did something significantly raise risk of damages


All or nothing decision


If less than 51% no causation

Failure to act

Can count as causation if you had a duty to act.


Example. Life guard needs to make a good faith to Rescue someone drowning or they would have been the cause.

Substantial Factor causation

Material element in bringing the harm.


Improtant factor in result


Combined conduct is but for cause


Sometimes called joint,venture or joint enterprise

Joint venture

Combined actions as one then apply but for causation test


Reverses burden of proof requiring defendant to show they aren't responsible.

Elements of Joint Venture

Community of interest in the performance of a common purpose


Joint control or right of control


joint propriety interest of subject matter


Right to share in profits


Duty to share in losses.