Torts - Negligence - Causation

True or False. If the plaintiff gets past duty and breach, they still have to show that the duty caused them some injury.

• True

• False

There are two pieces of the causation element, ____ cause and _____ cause.

Which of these are other ways of saying actual cause:

• Direct cause

• But-for-cause

• Sine Quo Non

• Foreseeability

• If it weren't for . . . .

True or False. If we can say that the injury would not have happened but for the defendant’s conduct, then the direct causation requirement is met.

• True

• False

_____ cause is a legal fiction that cuts off recovery for injuries that are too remote from the defendant’s conduct, even though that conduct was the actual cause of the injury.

Which of these are ways the law has made it easier for the plaintiff to prove direct causation:

• Res ipsa loquitur

• Negligence per se

• Alternative liability

• Market share liability

• Concurrent causes - Substantial factor test

True or False. Negligence is the proximate cause of an injury unless that injury is a foreseeable result of the negligence.

• True

• False

Under the _____ skull rule, the defendant is liable for injuries that are much worse than what a normal plaintiff would have suffered.

True or False. It is not necessary that the defendant foresee the specific plaintiff that they injured.

• True

• False

True or False. The causation element can be satisfied if the plaintiff is part of a class whose injury the defendant should have foreseen.

• True

• False