Question
What is the third element of negligence and what does it link? Explain the two types of causation. Actual causation Proximate causation What is the
What is the third element of negligence and what does it link?
Explain the two types of causation.
- Actual causation
- Proximate causation
What is the but-for test?
How is causation determined in aFlorida negligence case if it's clear there was only one way the plaintiff was injured?
What is the substantial factor test?
How is causation determined in aFlorida negligence case if two or more tortfeasors could have injured a plaintiff?
What is the alternate liability theory?
What is the market share liability theory?
What is the concerted action theory?
What is the lost chance of recovery theory?
What is the basic purpose of proximate cause?
What is the leading test used to determine proximate cause?
Explain it.
Palsgraf v. Long Island Railroad, 248 N.Y. 339 (1928)
- Summarize Judge Cardozo's majority rule in the Palsgraf case.
- Summarize Judge Andrews minority rule in the Palsgraf case.
What is the direct causation theory?
What are the four exceptions to the Cardozo rule? Explain each.
What is an intervening cause?
What is the main issue with intervening causes in negligence actions?
What is a superseding cause?
What is the main issue with superseding causes in negligence actions?
List the most common superseding causes which absolve the defendants of liability in a negligence action.
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