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CAUSATION, Rule: A third party criminal act does not cut off the…
CAUSATION
Actual Cause
But For Test: "But for X's action, Y's injury would not have happened." 1 tortfeasor.
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Substantial Factor Test: "X's action played a substantial role in Y's injury." Multiple tortfeasors. 2 actors act independently and simultaneously toward defendant.
Smith v. J.C. Penny Co, Inc.
Proof of Causation Rule: The plaintiff does not need to exclude every possible cause for the injury. Rather, the facts and conditions from which the negligence of the defendant and the causation of the accident by that negligence may be reasonably inferred.
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Joint and Several Liability Rule: Where two or more independently negligent parties cause a single indivisible harm, both parties are held liable, jointly and severally, to provide greater security to the plaintiff of being compensated in full.
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Alternative Liability Rule: The burden of proof is shifted to the defendants once the plaintiff provides some minimal requirements that the harm was caused by some defendant.
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Market Share Theory: Used when the plaintiff cannot identify which manufacturer, among several, produced the product that caused the injury.
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Proximate Cause Test:(1) The tortfeasor's conduct must have been a "substantial factor" in bringing about the harm being complained of. (2) There is no rule or policy that should relieve the wrongdoer from liability because of the manner in which the negligence has resulted in the harm. (3) The harm giving rise to the action could have been reasonably been foreseen or anticipated by a person of ordinary intelligence and prudence.
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