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Causation in Tort Law
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Substantial Factor Test
The substantial factor test is used when several causes bring about injury, and any one alone would be sufficient to cause the harm. It determines if the defendant's conduct was a substantial factor in causing the injury.
Proximate Cause
Proximate cause deals with the closeness of the connection between the defendant's act and the harm. It assesses legal causation by determining if the harm was a foreseeable result of the act.
Eggshell Skull Rule
The Eggshell Skull Rule states that a defendant is still liable for the full extent of a plaintiff's injury even if it was unforeseeable or the plaintiff had a preexisting vulnerability that made the injury worse.
Lost Chance Doctrine
The Lost Chance Doctrine applies to cases where the defendant's negligence is alleged to have reduced the plaintiff's chances of survival or recovery from a health condition, allowing for liability even if the chance of survival was less than 50%.
Market Share Liability
Market Share Liability is a theory that assigns liability to all manufacturers of a harmful product in proportion to their respective market share when it is impossible to identify the specific supplier of the product that caused harm.
Joint and Several Liability
Joint and several liability applies when multiple parties are responsible for a plaintiff's harm, allowing the plaintiff to recover the full amount of damages from any one of them regardless of their individual share of fault.
Intervening Cause
An intervening cause is an event that occurs after the defendant's act and contributes to the harm, potentially relieving the defendant of liability if it breaks the chain of causation.
Superseding Cause
A superseding cause is an unforeseeable event that interrupts the chain of causation and sets up a new chain that brings about the harm, thus relieving the defendant of liability.
But-For Test
The but-for test is a standard for determining factual causation, asking whether the harm would not have occurred 'but for' the defendant's conduct.
Harm Within the Risk
This concept asks if the harm that occurred was within the scope of the foreseeable risks that made the defendant's conduct negligent in the first place.
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