Скачать или смотреть How to Analyze Negligence on a Torts Essay (Pt. 6): Actual & Proximate Causation

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00:00 Introducing Causation in Negligence
Explains that causation has two parts—actual cause and proximate cause—and both must be proven to hold a defendant liable.

02:05 Actual Cause and the But-For Test
Covers how to determine actual cause by asking if the harm would have occurred “but for” the defendant’s breach.

04:29 Complications with Multiple Contributing Factors
Shows how other contributing conditions can make but-for causation harder to prove.

07:02 The Substantial Factor Test
Explains how courts may use the substantial factor test when multiple causes contribute to the harm.

08:08 Multiple Tortfeasors and Joint Liability
Describes how the burden shifts to defendants when multiple parties cause an indivisible injury.

10:40 Transition to Proximate Cause
Uses a texting-and-driving hypo to illustrate how actual cause can lead into a proximate cause analysis.

16:02 Proximate Cause and the Chain of Liability
Defines proximate cause as the scope of liability, broken only by an unforeseeable superseding cause.

19:27 Superseding Causes
Gives examples of unforeseeable events—acts of God, crimes, and intentional torts—that can break the chain of liability.

21:37 The Eggshell Plaintiff Rule
Explains that defendants take plaintiffs as they find them and are liable for aggravating preexisting conditions.

23:26 Wrapping Up Causation
Summarizes the need to prove both actual and proximate cause before moving on to damages in the negligence analysis.

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