Scope of Liability (5)

Anotações:

• The direct consequences test for LEGAL CAUSE.... i.e., that one is liable for all consequences, foreseeable or not, which occur in a direct, continuous sequence of events, not broken by substantial intervening act, and not too remote in time and distance..... a rough sense of justice.

Anotações:

• The foreseeeable consequences test of LEGAL CAUSE ... i.e., one is only liable for the kind of injuries one can reasonably foresee.

1. Proximate Cause
2. Intervening Causes
3. Unforeseen Palntiff
4. Unforeseen Consequences

1. Eggshell Plaintiff Rule (5)

   Anotações:

   • The injured party's particular injury may have been aggravated by his unique physical condition. (Pre-existing condition) If harm occurs within the scope of the risk, the ∆ is liable for all such harm caused, regardless of its extent. “You take the π as you find them.” Foreseeable or not.
2. Medical Malpractice Complications Rule (4)
3. The Rescuer Rule (3)

   Anotações:

   • An actor is usually liable for injuries by a rescuer attempting to help another placed in danger by the actor’s negligent conduct.