Causation
Even though a Tortfeasor owes a
duty of care and breaches the duty of care, the act must have caused
the Plaintiff’s injuries.
Ø Causation in
Fact, and
Ø Proximate Cause.
Case 5.3: Palsgraf v.
Long Island RR Co. (1928)
Causation
in Fact
Did the injury occur because of
the Defendant’s act, or would the injury have occurred anyway?
Usually determined by the “but
for” test, i.e., but for the Defendant’s act the injury would not have
occurred. Proximate Causation
An act is the proximate (or
legal) cause of the injury when the causal connection between the act and
injury is strong enough to impose liability.
Foreseeability of injury is an
important factor.
Think of proximate cause as an
unbroken chain of events.
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