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Scope of Liability (5)
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Scope of Liability (5)
The Direct Consequences Test (1)
- The direct consequences test for LEGAL CAUSE.... i.e., that one is liable for all consequences, foreseeable or not, which occur in a direct, continuous sequence of events, not broken by substantial intervening act, and not too remote in time and distance..... a rough sense of justice.
Foreseeable Consequences Test (2)
- The foreseeeable consequences test of LEGAL CAUSE ... i.e., one is only liable for the kind of injuries one can reasonably foresee.
- Proximate Cause
- Intervening Causes
- Unforeseen Palntiff
- Unforeseen Consequences
EXCEPTIONS
- Eggshell Plaintiff Rule (5)
- The injured party's particular injury may have been aggravated by his unique physical condition. (Pre-existing condition) If harm occurs within the scope of the risk, the ∆ is liable for all such harm caused, regardless of its extent. “You take the π as you find them.” Foreseeable or not.
- Medical Malpractice Complications Rule (4)
- The Rescuer Rule (3)
- An actor is usually liable for injuries by a rescuer attempting to help another placed in danger by the actor’s negligent conduct.
- Eggshell Plaintiff Rule (5)
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- Law School (1L) Torts Mind Map on Scope of Liability (5), created by Mark Jones on 25/08/2014.
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- Mark Jones
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