Professional Documents
Culture Documents
Common Law
o Actual Cause (Factual Cause) o But For Causation serves to exclude potential forces Cannot be held responsible unless but-for cause o Conditions are not causes but things necessary for an event to occur. Conditions are excluded from causal analysis o Multiple Actual Causes Accelerating second, accelerating cause is the cause Concurrent Sufficient Both sufficient either can be liable Only 1 sufficient, dont know which neither liable Obstructed Cause 1st cause is just considered attempt Proximate Cause (Legal Cause) o Direct Cause an act that is a direct cause is also a proximate cause. Nothing to really contest about proximate cause. o Intervening Causes another but-for cause; not the direct De Minimis too minimal of a cause for guilt Forseeability was the action foreseeable Dependent actor caused someone else to cause more harm to original victim [e.g. bad medical treatment only needed after victim is stabbed] Independent actor caused victim to be in the situation where harm took place [e.g. leaving your victim on the side of the road, he then is hit by a car] this usually relieves the original wrongdoer of liability unless it was foreseeable Intended-Consequences Doctrine sometimes the mental state can provide the proximate cause Apparent-Safety Doctrine if a victim reaches a point of safety (e.g. 200 yards from her house to get out of the cold), but decides to not enter o
safety, the original actor cannot be held to be the proximate cause Free, Deliberate, Informed Human Intervention proximate cause does not attach when a victim makes a conscious decision to cause their own injury Omissions an omission by another rarely supersedes wrongful conduct.
the probable and is not too remote or accidental to have a [just] bearing on actors liability.