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Causation (2)

Mark Jones Torts Law School (1L) English

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Causation (2)

  1. But For

    • π must establish that "But for" the ∆’s culpable conduct or activity the π would not have been injured.  This is the test for actual causation.
  2. Substantial Factor Test (3)

    • A factor that a reasonable person would consider to have contributed to the harm. It must be more than a remote or trivial factor. It does not have to be the only cause of the harm.   
    • Proof of Cause
      • ∆ materially contributed to the π’s injury.  
    • Cardozo Algorithm
      • a. A negligent act was deemed wrongful because that act increased the chances that a particular type of accident would occur; and b. a mishap of the very sort did happen, this was enough to support the finding by the trier of fact that the negligent behavior caused the harm.
    • Multiple Factors
      • Alternative Liability
        • Shift of the burden of proof of causation to the ∆ because there is inadequate proof of a casual relationship because of the ∆’s actions of carelessness.
      • Market Share Liability
        • The π must present sufficient evidence that the alleged defective condition of the product was  a BUT FOR cause or SUBSTANTIAL FACTOR in contributing to the injuries.

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Law School (1L) Torts Mind Map on Causation (2), created by Mark Jones on 25/08/2014.
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