Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
6 Cards in this Set
- Front
- Back
Causation--But for Cause--Substantial Factor Test
|
1. when each of two events would have been sufficient by themselves to bring about the harm, the test for each event is whether the event was a "substantial factor" in bringing about the harm.
IT IS AN ALTERNATIVE APPROACH |
|
Causation--But For shift of burden to defendant
|
when an even could have occurred because of each of two defendants, but plaintiff can;t prove which one, the burned shifts to the D to prove he was not the one who caused the injury
|
|
Causation In Fact--Market Share Theory
|
plaintiff can sue a number of manufacturers who pay plaintiff the percentage of the plaintiff's injuries which the def's sales of the product bore tot he total market sales of the product.
|
|
Frye v. Daubert
|
Frye=general scientific evidence admissable
Daubert=evidence must be relevant and reliable--determined by experts |
|
Proximate Cause--arguments--3
|
1. Natural Cause of the Negligence
2. Forseeable--based on reasonable person standard 3. Direct link |
|
Proximate cause--defenses-
|
Contributory
Compensatory Assumption of Risk |