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Questions for Tort law readings: 209-213, 220-225 NOTE: These questions will structure class discussion and will serve as potential exam questions. I expect everyone to
Questions for Tort law readings: 209-213, 220-225 NOTE: These questions will structure class discussion and will serve as potential exam questions. I expect everyone to come to class prepared to discuss these questions. I will call on students to share their answers. Everyone should submit their answers to these questions by the day before the first class in which the assignment is discussed (e.g. Sunday by 11:59pm if the assignment is due on a Monday). 1) What is the "But-for test"? 2) What is the distinction between an actual cause and a proximate cause? Give an example in which a cause is actual, but not proximate. 3) What two meanings of "cause" need to be distinguished according to Goldberg, et al. (211- 213)? Which one is most relevant for morality? 4) Why does the court deny the motion by the CareStat defendants for summary judgment (223- 225)? Why would the CareStat lawyers have probably thought they had a good chance at dismissing the case?
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