Login

Login

To access this feature, please Log In or Register for your Casebriefs Account.

Add to Library

Add

Search

Login
Register

Chapter 6

ACTUAL AND PROXIMATE CAUSE

  Once the plaintiff has shown that the defendant behaved negligently, he must then show that this behavior “caused” the injury complained of. Actually, P must make two quite distinct showings of causation:
  • Cause in fact:  P must first show that D’s conduct was the “cause in fact” of the injury. This usually means that P must show that “but for” D’s negligent act, the injury would not have occurred.
  • Proximate cause:  P must also show that the injury is sufficiently closely related to D’s conduct that liability should attach. This requirement is commonly called the requirement of “proximate cause” or “legal cause.”
    • Foreseeability:  The requirement of “proximate cause” usually means that the injury must have been at least a reasonably foreseeable (and not bizarre or extraordinary) result of the defendant’s negligence.

    Please or Register to view full content.

Casebriefs is concerned with your security, please complete the following