Author Question: Remedy. What will be an ideal response? ... (Read 73 times)

fox

  • Hero Member
  • *****
  • Posts: 540
Remedy.
 
  What will be an ideal response?

Question 2

Explain the two types of causation.
 
  What will be an ideal response?



Jane

  • Sr. Member
  • ****
  • Posts: 309
Answer to Question 1

Damages, usually monetary compensation, awarded to plaintiff for the wrong caused by defendant.

Answer to Question 2

A person who commits a negligent act is not liable unless this act was the cause of the plaintiff's injuries. Court have divided causation into two categoriescausation in fact and proximate causationand require each to be shown before the plaintiff may recover damages. Causation in fact means that the defendant's negligence must be the actual cause of the plaintiff's injuries. For example, suppose a corporation negligently pollutes the plaintiff's drinking water. The plaintiff dies of a heart attack unrelated to the polluted water. Although the corporation has acted negligently, it is not liable for the plaintiff's death. There was no cause-and-effect relationship between them. Another phrase for causation in fact is but for causation, which means but for the defendant's conduct, the plaintiff would not have suffered harm.. Proximate cause is that which makes the defendant liable. Proximate cause is a legal judgment call that concerns the magic word of foreseeability. Based on public policy, the law establishes a point along the damage chain after which the negligent party is no longer responsible for the consequences of his or her actions. Beyond that point, there is no proximate cause. Proximate cause is examined on a case-by-case basis, and can be trumped by superseding causes.



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
 

Did you know?

Between 1999 and 2012, American adults with high total cholesterol decreased from 18.3% to 12.9%

Did you know?

Immunoglobulin injections may give short-term protection against, or reduce severity of certain diseases. They help people who have an inherited problem making their own antibodies, or those who are having certain types of cancer treatments.

Did you know?

The tallest man ever known was Robert Wadlow, an American, who reached the height of 8 feet 11 inches. He died at age 26 years from an infection caused by the immense weight of his body (491 pounds) and the stress on his leg bones and muscles.

Did you know?

A serious new warning has been established for pregnant women against taking ACE inhibitors during pregnancy. In the study, the risk of major birth defects in children whose mothers took ACE inhibitors during the first trimester was nearly three times higher than in children whose mothers didn't take ACE inhibitors. Physicians can prescribe alternative medications for pregnant women who have symptoms of high blood pressure.

Did you know?

Pubic lice (crabs) are usually spread through sexual contact. You cannot catch them by using a public toilet.

For a complete list of videos, visit our video library