Term
| What are the two main criteria for proving causation? |
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Definition
1. Actual (or factual) Cause
2. Proximate (or legal) Cause |
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Term
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Definition
| Cause in fact of the plaintiff's injuries. |
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Term
| What are the two main tests for actual cause? |
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Definition
1. "but for" test
2. substantial factor test |
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Term
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Definition
| Legal cause of the plaintiff's injuries; emphasis is on the concept of foreseeability. |
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Term
| What is the "but for test?" (sine qua non) |
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Definition
| But for defendant's negligence plaintiff would not have been injured. |
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Term
| What is the "substantial factor test?" |
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Definition
| Two or more concurrent or successive events combine to cause the plaintiffs injury and each of them is a substantial factor in producing the injury. |
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Term
| Who bears the burden of proof? |
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Definition
| The plaintiff bears the burden of proving actual causation by a preponderance of evidence except when there is alternate liability or market-share liability. |
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Term
| What happens if the defendant argues that the plaintiff would have been injured without the defendant's negligence? |
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Definition
| The plaintiff must then prove that the defendant's negligence greatly increased the chances of harm occurring. |
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Term
| What is alternate liability? |
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Definition
| Each negligent tortfeasor must prove that his actions did not cause the plaintiff's injuries or else both defendants are liable. |
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Term
| What is market-share liability? |
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Definition
| It is similar to alternate liability except it is in the area of product liability. |
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Term
| What are the names of the two doctrines of foreseeability that came out of Palsgraf? |
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Definition
1. The Cardozo Rule (majority)
2. The Andrews Rule (minority) |
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Term
| What is the Cardozo rule? |
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Definition
| Defendant is liable for all reasonably foreseeable consequences of his negligence. He owes a duty of care to the reasonably foreseeable plaintiff. |
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Term
| What is the Andrews rule? |
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Definition
| D owes a duty to world at large & not just to those in danger zone. D is liable for all consequences flowing directly from his actions no matter how unforeseeable. (similar to direct causation) |
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Term
| What is direct causation? |
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Definition
| Defendant is liable for consequences no matter how unforeseeable. |
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Term
| What is the "Eggshell Skull" Rule? |
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Definition
| Defendant must take Plaintiff how he finds him. (If D minorly injures P who has an "eggshell skull" and P dies, D is liable.) |
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Term
| What is another defense to the Cardozo Rule having to do with defendant's negligence? |
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Definition
| Defendant is liable for harm occurring in an unforeseen manner if harm is of the same general type that made Defendant's conduct negligent. |
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Term
| What is another exception to the Cardozo rule having to do with foreseeability? |
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Definition
| D is liable if P is a member of the class to which there is general foreseeability of harm even if P was not particularly foreseeable. |
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Term
| The Defendant is liable in the case of intervening acts. When is the defendant not liable? |
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Definition
| In the case of superseding acts. |
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Term
| The Defendant is liable in the case of accidents. When is the defendant not liable? |
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Definition
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Term
| The Defendant is liable in the case of Escape Attempts. When is the defendant not liable? |
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Definition
| Bizarre escape response to defendant's negligence. |
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Term
| The Defendant is liable in the case of a rescue. When is the defendant not liable? |
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Definition
| Grossly careless acts of rescuer |
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Term
| The Defendant is liable in the case of the medical malpractice of a doctor occurring after defendant's negligence. When is the defendant not liable? |
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Definition
| Gross medical malpractice of doctor occurring after defendant's negligence. |
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Term
| The Defendant is liable in the case of the foreseeable negligence of others. When is the defendant not liable? |
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Definition
| Unforeseeable negligence of others. |
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Term
| The Defendant is liable in the case of foreseeable criminal or intentionally tortuous conduct. When is the defendant not liable? |
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Definition
| Unforeseeable criminal or intentionally tortuous conduct. |
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Term
| When in the case of an intervening cause is the defendant not liable? |
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Definition
| If intervening cause leads to the same type of harm as that threatened by defendant's negligence. |
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Term
| Custodian of the Records: |
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Definition
| The person in an organization who knows about its filing system and records. |
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Term
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Definition
| Act that contributes to the plaintiff's injuries but does not relieve the defendant of liability. |
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Term
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Definition
| Act that contributes to the plaintiff's injuries to the extent that the defendant is relieved of liability. |
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