LWSO 203 Lecture Notes - Capital Asset, Proximate And Ultimate Causation
15 Apr 2013
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Factual causation: defendants factually caused something that led to the injury. Proximate causation: how reasonably for-see-able are the plaintiffs to be harmed. Thin skull role: mental physical condition but it is stable, and it would remain stable, but for the accident. Crumbling skull role: is a physical or mental condition that is deterring and the accident speeds up the deterriation. Defendant is liable for their actions if they affect the plaintiff in the scene of the accident. Damages: amount of $ awarded to their plaintiffs for the injury as compensation. Goal of negligence law is to put them in the position they wouldn"t be in but for their injury (make them whole again) Damaged business = economic and business loss can be compensated for this. Can be compensated once you have proved the injury to the court (if the plaintiffs injury increases a couple years down the road those cannot be compensated for)
