tort class notes 1, 13

tort class notes 1, 13 - Cont union pump. If got hurt by...

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Cont union pump. If got hurt by fire then that is one of risks that make machine by catching fire. ( when make mahine consider that risk.) One step removed is someone hurt fighting the fire. This Examples (p 279) 4a) cause made of acual and proximate. Is d’s driving fast on highway a but for cause of P getting hurthere? Yes – if drove slower wouldn’t have been there at time. Proximate cause? What is it that this speed does – puts him at a particular place at a particular time. When put on list of danger of speeding never would put down get to place x at x time. So no proximate cause. On the list of dangers is collision and here there is collision. But really mean danger of collision caused by the risky of speed. b) Father gives child loaded gun and gun falls on toe. Yess actual cause. Under albitrun approach, look at what is the risk of giving children a gun, drop on someones toe, if that was negligence then would include anything that is heavy. So risk is not drop but shooting. So is carlessness proximate cause due to carelessness, no.
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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, 13 - Cont union pump. If got hurt by...

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