CETL: Readings Lecture 4B with
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Causation - answer The connection deemed necessary in tort law between a
defendant's misconduct; that of a person for whom the defendant is
responsible or the existence of a source of danger and then compensable
damage
Why do the applications of the same test lead to various outcomes in court? -
answer Because of policy considerations
What makes causation an elusive phenomenon? - answer Because of the
interplay between the requirements, 1) it is closely related to the
requirement of negligence 2) foreseeability plays a role in negligence and
causation 3) the more negligently someone acts the easier the courts tend to
attribute remote or unforeseeable consequences 4) if the claimant acted
intentionally this does not necessarily break the chain of causation if the
defendant's duty aimed to prevent exactly that which occurred 5) Causation
is influenced by the type of loss 6) it is closely linked to contributory
negligence
How is causation related to negligence? - answer Because in both probability
plays an important role, in negligence it is looked at ex ante and in causation
ex post,
How is foreseeability related to negligence? And then how does it relate to
causation? - answer The knowledge requirement is related to the fact that a
particular conduct can cause harm of a general type, and whether
knowledge must be related to the sequence of events that resulted in the
damage is a causation matter and usually depends on the type of harm
suffered
, What consequences are attributed to a person if he acts intentionally? -
answer All direct consequences, it does not matter if it was foreseeable
Which test do all jurisdictions use to establish causation? - answer Conditio
since qua non, the but for test, would the damage also have occurred if the
tortfeasor had not acted in the way he did
What are disadvantages of the but for test? - answer 1) The claimant can be
in a difficult position for proving causation if there are two or more possible
causes for his damage 2) It only provides for an all-or-nothing (e.g. a
claimant loses a chance)
Factual vs legal causation - answer Conditio sine qua non test focuses on
factual causation, limitation of causation focuses on legal causation
German law distinguishes between two aspects of causation - answer 1)
Causation that establishes liability 2) Causation that determines the extent
of liability
How does a German court establish causation? - answer If the court has a
rational and reasonable level of conviction of causation between the loss and
damage
How was causation first limited in Germany? - answer Adequacy theory,
probability plays a predominant role, the defendant is only obliged to
compensate harmful consequences that were reasonably expected or
foreseeable or not very unlikely to the objective & optimal observer
How is causation now limited in Germany? - answer Scope of the rule theory,
was it the purpose of the violated rule to protect the victim against the
damage he has suffered
Remote consequences under German law - answer Attributed to the
defendant unless they are the materialization of the general risks of life
100% correct answers already
graded A+
Causation - answer The connection deemed necessary in tort law between a
defendant's misconduct; that of a person for whom the defendant is
responsible or the existence of a source of danger and then compensable
damage
Why do the applications of the same test lead to various outcomes in court? -
answer Because of policy considerations
What makes causation an elusive phenomenon? - answer Because of the
interplay between the requirements, 1) it is closely related to the
requirement of negligence 2) foreseeability plays a role in negligence and
causation 3) the more negligently someone acts the easier the courts tend to
attribute remote or unforeseeable consequences 4) if the claimant acted
intentionally this does not necessarily break the chain of causation if the
defendant's duty aimed to prevent exactly that which occurred 5) Causation
is influenced by the type of loss 6) it is closely linked to contributory
negligence
How is causation related to negligence? - answer Because in both probability
plays an important role, in negligence it is looked at ex ante and in causation
ex post,
How is foreseeability related to negligence? And then how does it relate to
causation? - answer The knowledge requirement is related to the fact that a
particular conduct can cause harm of a general type, and whether
knowledge must be related to the sequence of events that resulted in the
damage is a causation matter and usually depends on the type of harm
suffered
, What consequences are attributed to a person if he acts intentionally? -
answer All direct consequences, it does not matter if it was foreseeable
Which test do all jurisdictions use to establish causation? - answer Conditio
since qua non, the but for test, would the damage also have occurred if the
tortfeasor had not acted in the way he did
What are disadvantages of the but for test? - answer 1) The claimant can be
in a difficult position for proving causation if there are two or more possible
causes for his damage 2) It only provides for an all-or-nothing (e.g. a
claimant loses a chance)
Factual vs legal causation - answer Conditio sine qua non test focuses on
factual causation, limitation of causation focuses on legal causation
German law distinguishes between two aspects of causation - answer 1)
Causation that establishes liability 2) Causation that determines the extent
of liability
How does a German court establish causation? - answer If the court has a
rational and reasonable level of conviction of causation between the loss and
damage
How was causation first limited in Germany? - answer Adequacy theory,
probability plays a predominant role, the defendant is only obliged to
compensate harmful consequences that were reasonably expected or
foreseeable or not very unlikely to the objective & optimal observer
How is causation now limited in Germany? - answer Scope of the rule theory,
was it the purpose of the violated rule to protect the victim against the
damage he has suffered
Remote consequences under German law - answer Attributed to the
defendant unless they are the materialization of the general risks of life
