tort class notes 1,11

tort class notes 1,11 - Proximate cause Unusual fact...

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Proximate cause Unusual fact patterns – loose connection between negligence and injury – not fair. Mechanic filled plane gas tank half full, landed on island, tsunami hurt him. Sues mechanic. There was duty, breach, actual cause and injury. Only left with proximate cause. Court probably say cause was to tenuis – wouldn’t be fair to make him pay. Assuming its true what facts say that mechanic shouldn’t have to pay. Courts some times look at 1) special difference between act and injury – here space is hudge spacial differentiation – not determinative ( just because tsunami hit there as opposed to if plane flew two feet no difference 2) timing – longer time between act and injury less likely that proimate cause ( not impossible) 3) chain of events between carelessness and injury – longer and circtuitouse chain of events less likely there will be negligence. If drunk case where host gave liquor to drunk, knew drunk, ( do duty in mass.) drive, passenger, passenger gets sick, sticks out head, driver moves to close to pole, pole to close to curb. Very circutouse chain of events to make host liable yet might get to jury to decide if proximate cause. So just because its long not neccessaraly not proximate cause.
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This note was uploaded on 05/05/2008 for the course LAW 1 taught by Professor Hollister during the Fall '04 term at Fordham.

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tort class notes 1,11 - Proximate cause Unusual fact...

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