Author Question: Bill transferred his fee simple rights to Ruth. This transaction is best characterized as a(n): ... (Read 27 times)

jCorn1234 · **on:** Aug 3, 2018

Bill transferred his fee simple rights to Ruth. This transaction is best characterized as a(n):

A. Encumbrance
B. Alienation
C. Partition
D. Riparian rights

Question 2

Identify and explain the two parts to causation as an essential element of the tort of negligence.

What will be an ideal response?

anoriega3 · **Reply #1 on:** Aug 3, 2018

Answer to Question 1

B

Answer to Question 2

The two parts are cause in fact (actual cause) and proximate cause (legal cause). Cause in fact means the defendant must be the but for cause or a substantial factor in bringing about the harm suffered by the plaintiff. Proximate cause is a cut-off test used to determine whether a defendant should be held legally responsible for injures he in fact caused, and is based on the concept of foreseeability (the test is whether the injury suffered by the plaintiff was the foreseeable consequence of the original risk of harm created by the defendant's conduct).