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9 Cards in this Set
- Front
- Back
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Proximate Cause
-main issue? -proximate in ____ and ____ -what must lawyer do? |
-policy dominated
-proximate in time and space -advocacy skill - lawyer must persuade jury to use his perspective or lens -no set of rules - different ways to structure argument in order to limit liability for remote consequences. |
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Direct Causation
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-unbroken sequence of events following negligent act leading to harm
-may result in limitless liability -hindsight: ex-post inquiry -foreseeability of damage not relevant -unforeseeable manner of harm ok |
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Foreseeability
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-was result foreseeable? (same rule as that in determining if conduct was negligent to begin with)
-liability can only reach certain extent -foresight: ex-ante inquiry -damage must be foreseeable (--> no liability to unforeseeable P) -unforeseeable manner does NOT prevent liability "proof of negligence in the air will not do." --> have already established negligence, here must establish causation. Totally separate inquiry. |
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RS: Extraordinary in Hindsight
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-looking back after the event, was it highly extraordinary that D's negligence would bring about P's harm?
-middle approach -hindsight: ex-post inquiry -foreseeability not relevant -consider facts D was not even aware of |
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Background Risk
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-if events surrounding D's negligent conduct have settled down so that extra risks are not imposed to P --> D not liable. (background circumstances settled - cause was remote in time and space)
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Intervening Act - Evildoer
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-GR - if intervening act is intentionally tortious or criminal - more likely evildoer will be considered independent and superseding
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Intervening Act - Suicide
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-GR: suicide is NOT superseding
-use irresistible impulse test: -deceased was unable to resist impulse to destroy himself - suicide is NOT superseding -deceased was not facing irresistible impulse; could have stopped himself - suicide is superseding -focus on "irresistible impulse" not was actor aware of deceased's actions |
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Intervening Act - Rescuer
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Rescuer if...
1. D negligent to person rescued 2. D's negligence caused danger or appearance of imminent danger 3. RP would conclude danger existed 4. rescuer acted with reas. care -rescuer is NOT superseding cause -rescuer did not assume risk -foreseeable that someone will attempt to rescue injured -consistent with policy - want to encourage rescue efforts |
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1. Fore. Inter. & Fore. Harm
2. Fore. Inter. & Unfore. Harm 3. Unfore. Inter. & Fore. Harm 4. Unfore. Inter & Unfore. Harm |
1. Fore. Inter. & Fore. Harm
-GR: D = liable as prox. cause 2. Fore. Inter. & Unfore. Harm -GR: D = liable as prox. cause; -exception - evildoer, hard to show fore. was great 3. Unfore. Inter. & Fore. Harm -GR: D = liable as prox. cause -examples: Act of God leads to same result -exception - evildoer (if D did not K/HRTK - no liability) 4. Unfore. Inter & Unfore. Harm -GR: Superseding Act, D NOT liable |
