ADMJ 103 Lecture Notes - Lecture 14: Drag Racing
21 Aug 2020
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Even when defendant"s conduct factually caused a prohibited result, courts decline to impose liability where doing so would result in unfairness or injustice. A person cannot be the proximate cause unless she is the actual cause. And one may be an actual cause without being a proximate cause. Proximate cause is simply a factual cause of which the law will take cognizance. " (allows judge to impose liability) Think of proximate cause as a limitation on criminal liability. A court or jury doesn"t discover proximate cause; it selects proximate cause. Compared to factual cause: factual cause is mostly a case of cause and effect; proximate cause, on the other hand, is a matter of policy. Intervening cause one that takes place after the defendant acted but before the prohibited result occurred. Responsive intervening cause: establishes proximate cause, harm results from actions taken in response to. Ex: negligent hospital treatment. (as long as not foreseeable)
