Scope of Liability (5)

Scope of Liability (5)

1. 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.

2. 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

3. 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.