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Causation in Tort Law

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Substantial Factor Test

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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.

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Proximate Cause

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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.

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Eggshell Skull Rule

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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.

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Lost Chance Doctrine

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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%.

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Market Share Liability

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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.

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Joint and Several Liability

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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.

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Intervening Cause

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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.

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Superseding Cause

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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.

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But-For Test

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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.

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Harm Within the Risk

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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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