Causation (2)

Description

Law School (1L) Torts Mind Map on Causation (2), created by Mark Jones on 25/08/2014.
Mark Jones
Mind Map by Mark Jones, updated more than 1 year ago
Mark Jones
Created by Mark Jones over 10 years ago
32
0

Resource summary

Causation (2)
  1. But For

    Annotations:

    • 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.
    1. Substantial Factor Test (3)

      Annotations:

      • 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.   
      1. Proof of Cause

        Annotations:

        • ∆ materially contributed to the π’s injury.  
        1. Cardozo Algorithm

          Annotations:

          • 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.
          1. Multiple Factors
            1. Alternative Liability

              Annotations:

              • 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.
              1. Market Share Liability

                Annotations:

                • 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.
            Show full summary Hide full summary

            Similar

            Negligence Quiz
            emhutton
            But for test
            joti Zandu
            Duty of Care
            emhutton
            Tort of Law: Negligence Cases
            Angel Nicole
            Negligence Cases
            Amy O'Farrell
            Scope of Liability (5)
            Mark Jones
            Tort Negligence, Breach and Test for Duty of Care
            Laura Millward
            Evaluation: Social Causation Hypothesis as an Explanation for Schizophrenia
            Katie Greensted
            GCSE law Consumer Contract B144 WHOLE UNIT
            Angela Dickinson
            English Legal Terminology: TORT Terminology
            ndmusiawan
            Tort: Damages
            SophieE