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19 Cards in this Set
- Front
- Back
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PROXIMATE CAUSE
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a limitation on liability for unforeseeable or unusualconsequences
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UNFORSEEABLE CONSEQUENCES
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If a harm is totally unforeseeable, no liability– per Palsgraf
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DIRECT CAUSATION APPROACH
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Proponents believe the foreseeability approachis arbitrary whereas direct causation draws a line
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EGG-SHELL PLAINTIFF
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- Defendant will be held liable in damages for aggravationof a pre-existing illness
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ACTS OF GOD
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Liability depends on if the Act of God was foreseeable
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INTERVENING CRIMINAL ACTS
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Depends on if the criminal act was foreseeable
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A STATUTORY VIOLATION
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is always foreseeable because thelegislature identified the risk and therefore not superseding
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SUICIDE
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MOST STATES VIEW AS INTENTIONAL, INTERVENING ACT THAT BREAKS THE CHAIN OF CAUSATION
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RESCUE DOCTRINE
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DANGER INVITES RESCUE
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FIREFIGHTER RULE |
if you a professional rescuer, no claim |
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Escape |
Liability can exist when someone tries to escape from danger |
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MALPRACTICE |
A foreseeable consequence of injuring someone - exception is totally unforeseeable malpractice |
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Social Host Liability |
A host generally is not liable for his guests' negligent actions - exceptions are minors, illegal acts, negligent entrustment |
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PRECONCEPTION TORTS
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tort before you are conceived are not actionable(children’s children cannot recover) – relevant in pharmaceutical cases wheregrandchildren suffer birth defects
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JOINT & SEVERALLY LIABILITY |
Each of several tortfeasors can be sued JOINTLYwith the others for the amount of the plaintiff’s loss; each is also SEVERALLYliable for the full amount of plaintiff’s damages.
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Acting in concert |
defendants acting with a COMMON PURPOSE |
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FAILING TO PERFORM A COMMON DUTY |
respondeat superior cases and products liability cases (manufacturer and retailer) |
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Concurrent Cause |
independent actions causing a single injury - Contributory jurisdictions - D's can both be held jointly& severally liable - Comparative jurisdictions – depends on jurisdictionstatute; if there is Divisible harm – no joint andseveral liability; if there is Indivisible harm – could bejoint and several liability |
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CONTRIBUTORY NEGLIGENCE |
BARRED FROM RECOVERY |
