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Questions and Answers
What principle allows a defendant to be held liable for unforeseeable injuries resulting from their negligent actions?
What principle allows a defendant to be held liable for unforeseeable injuries resulting from their negligent actions?
How does the Direct Causation Approach determine the extent of liability?
How does the Direct Causation Approach determine the extent of liability?
What does the Foreseeability Approach require from an actor regarding potential harm?
What does the Foreseeability Approach require from an actor regarding potential harm?
What liability outcome results from the POLEMIS example regarding the dropped board?
What liability outcome results from the POLEMIS example regarding the dropped board?
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Which of the following statements accurately describes the role of intervening causes in liability?
Which of the following statements accurately describes the role of intervening causes in liability?
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According to the Foreseeability Approach, what can be said about damages that exceed what was expected?
According to the Foreseeability Approach, what can be said about damages that exceed what was expected?
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What legal concept explains that a defendant is liable for injuries even if the injuries were not foreseeable?
What legal concept explains that a defendant is liable for injuries even if the injuries were not foreseeable?
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Which case is associated with the conclusion that the original negligent conduct directly caused unforeseen harm?
Which case is associated with the conclusion that the original negligent conduct directly caused unforeseen harm?
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What defines a superseding intervening cause?
What defines a superseding intervening cause?
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Which situation would NOT categorize an intervening cause as superseding?
Which situation would NOT categorize an intervening cause as superseding?
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Under what condition can the harm from an act of God be deemed a superseding cause?
Under what condition can the harm from an act of God be deemed a superseding cause?
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In which scenario does criminal conduct fail to be a superseding cause?
In which scenario does criminal conduct fail to be a superseding cause?
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What defines the Rescue Doctrine?
What defines the Rescue Doctrine?
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Which statement about shifting responsibility is accurate?
Which statement about shifting responsibility is accurate?
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What is the general stance of state supreme courts regarding social liability in hosting alcohol?
What is the general stance of state supreme courts regarding social liability in hosting alcohol?
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Which of the following best describes a concurrent cause analysis?
Which of the following best describes a concurrent cause analysis?
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Which factor would likely NOT indicate an intervening cause is superseding?
Which factor would likely NOT indicate an intervening cause is superseding?
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In relation to medical treatment, how is intervention treated under causation principles?
In relation to medical treatment, how is intervention treated under causation principles?
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Study Notes
Proximate Cause: Limiting Liability
- Proximate cause cuts off liability for consequences not directly linked to the initial negligent act, even if a "but for" cause exists. Unforeseeable consequences are generally not considered proximately caused.
Unforeseeable Consequences
- Exception: A defendant can be liable for unforeseeable injuries resulting from a physical injury to the plaintiff. This exception relates to the causation element rather than proximate cause.
- Thin Skull Doctrine: A defendant is liable for unforeseeable consequences arising from the plaintiff's pre-existing physical condition.
Approaches to Proximate Causation
- Direct Causation Approach (Andrews): Liability extends to unbroken consequences from the initial negligent act, even if unforeseeable, as long as some foreseeable harm was caused. The chain's end is determined pragmatically by common sense and precedent. The Polemis case illustrates this, where a dropped board ignited the ship, even though the explosion was unforeseen.
- Foreseeability Approach (Cardozo): Liability only exists for foreseeable consequences from the defendant's perspective. The exact manner of harm need not be foreseeable, but the general type of harm must be. The Palsgraf case exemplifies this, where the harm to a person on the other side of the train station was deemed unforeseeable.
Intervening Causes
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Intervening causes are forces that occur after or simultaneously with the defendant's negligence, contributing to the harm. These often operate concurrently with the initial cause, thus sharing responsibility for the injury.
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Superseding Intervening Cause: An intervening action that completely relieves the original defendant of liability. This will not be the case if the risk of the intervening cause was foreseeable.
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Examples not constituting a superseding cause: Responses to the initial action (escape, rescue, medical treatment), where the same general type of harm was foreseeable but not the exact method of injury, and some intervening causes (good Samaritan).
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Act of God (Vis Major): An intervening act of nature that, if extraordinary and different from expected dangers, releases the original defendant from liability.
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Intervening Intentional or Criminal Conduct:
- Generally: Common law often views this as a superseding cause.
- Exceptions: Liability can be maintained if the risk of such conduct was foreseeable part of the initial negligence. Examples include duties to protect the plaintiff, affirmative actions by the defendant that create an increased risk, or placing the plaintiff in dangerous situations.
Rescue Doctrine
- Conditions for Liability: Allows rescuers to sue those causing the peril if: defendant's negligence caused the peril, the peril was imminent, a rational person would reasonably perceive the situation as perilous, and the rescuer acted reasonably.
Shifting Responsibility
- Usually, the failure of a third party to intervene and mitigate risk doesn't relieve the negligent party of responsibility.
Social Host Liability
- Generally, social hosts are not held liable for harm resulting from alcohol served to adults at their events.
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Description
Test your knowledge on the concept of proximate cause in negligence law. This quiz covers key elements such as unforeseeable consequences, the Thin Skull Doctrine, and approaches to causation. Understand how liability can be limited in various scenarios related to injuries.