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LWSO 203 March 18.docx

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Law and Society
LWSO 203
Marywyatt Sindlinger

LWSO 203-01 March 18, 2013 Causation  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  Defendant is liable for their effects of their negligence actions even if those effects increased at the time of the accident (if the plaintiff only suffered minor injuries and overall was fine, but if the accident say re-trigged depression for ex, then the defendant is liable for the re-triggering of the plaintiffs depression) Damages  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)  Pecuniary damages: capa
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