Question
The doctrine of causation-in-fact, or factual causation, is primarily concerned with whether it is just to hold a particular negligent defendant liable for unusual harms
The doctrine of causation-in-fact, or factual causation, is primarily concerned with
whether it is just to hold a particular negligent defendant liable for unusual harms that he or she has caused
whether the defendant did in fact behave negligently
whether the plaintiff suffered a type of damages that the legal system recognizes
whether the plaintiff's injury would have happened even if the defendant had not been negligent
The doctrine of proximate causation, or "scope of liability," is primarily concerned with
whether the plaintiff suffered a type of damages that the legal system recognizes
whether the plaintiff's injury would have happened even if the defendant had not been negligent
whether the particular injury that occurred is appropriately assignable to the defendant's negligence (versus being too distant, unforeseeable, or something similar)
whether the defendant did in fact behave negligently
"Lost chance," market-share liability, and the pattern of Summers v. Tice are all exceptions to the ordinary rule of
duty
proximate causation
breach
but-for causation
True or false:If a plaintiff establishes but-for causation, there is no need for the plaintiff to establish proximate causation.
True
False
The eggshell-plaintiff rule is an exception to the ordinary rule of
breach
duty
proximate causation
factual causation
The doctrine of "lost chance" primarily applies to cases of
medical malpractice
negligence per se
respondeat superior
govrenmental liability
True or false:Breach and duty, causation-in-fact, proximate causation, and damages are all elements of a negligence action.
True
False
True or false: Summers v. Tice dealt with the issue of multiple negligent defendants.
True
False
True or false: As a general matter, under the "eggshell plaintiff" rule, there is no limitation for injuries that result from your negligently harming a human body.
True
False
True or false:A market-share liability case always involves a single defendant.
True
False
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