Torts: class 18

Transcript

1. CLASS 18 •Proximate causation •Substantial factor test •Intervening / superseding cause •Duty: special rules •Acts v. omissions •General rule: no duty to aid others •When acting, duty of care exists •Special relationships creating duty to aid
2. SUBSTANTIAL FACTOR •The substantial factor test as a standard for proximate causation •American Truck Leasing Co. v. Thorne Equipment Co. •Note Restatement (Third) view
3. INTERVENING / SUPERSEDING CAUSE •Price v. Blaine Kern Artista •McCane-Sondock Protection Systems v. Emmittee
5. PROXIMATE CAUSATION WRAP-UP
6. SPECIAL DUTY RULES •Acts vs. omissions •The general rule: no duty to act (Yania v. Bigan) •Duty when acting in aid of another (United States v. Lawter) •Special relationships that trigger duty (Lundy v. Adamar)