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6 Cards in this Set
- Front
- Back
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Causation--But for Cause--Substantial Factor Test
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1. when each of two events would have been sufficient by themselves to bring about the harm, the test for each event is whether the event was a "substantial factor" in bringing about the harm.
IT IS AN ALTERNATIVE APPROACH |
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Causation--But For shift of burden to defendant
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when an even could have occurred because of each of two defendants, but plaintiff can;t prove which one, the burned shifts to the D to prove he was not the one who caused the injury
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Causation In Fact--Market Share Theory
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plaintiff can sue a number of manufacturers who pay plaintiff the percentage of the plaintiff's injuries which the def's sales of the product bore tot he total market sales of the product.
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Frye v. Daubert
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Frye=general scientific evidence admissable
Daubert=evidence must be relevant and reliable--determined by experts |
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Proximate Cause--arguments--3
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1. Natural Cause of the Negligence
2. Forseeable--based on reasonable person standard 3. Direct link |
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Proximate cause--defenses-
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Contributory
Compensatory Assumption of Risk |
