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Author Question: Harvey is drinking drunk and weaving in traffic. He sideswipes a car driven by Patrick. Patrick's ... (Read 169 times)

robinn137

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on: Aug 3, 2018
Harvey is drinking drunk and weaving in traffic. He sideswipes a car driven by Patrick. Patrick's car is shoved off the road and into a fence. Toddler Jason was playing in his yard, just inside the fence. Aunt Emily, who is babysitting Jason, suffers a heart attack when she sees Patrick's car careening off the road and heading straight towards her nephew, Jason. Is Harvey liable, in negligence, for Aunt Emily's heart attack?
 
  a. Yes, because his conduct was unreasonable.
  b. No, but he is probably liable for an intentional tort.
  c. No, because Aunt Emily suffered no legally recognizable injury.
  d. No, because Harvey was not the proximate cause of Aunt Emily's heart attack.

Question 2

What is the test for determining when an intervening cause is superseding?
 
  What will be an ideal response?


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djofnc

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Reply #1 on: Aug 3, 2018
Answer to Question 1

d

Answer to Question 2

The test is if the harm caused by the intervening force is outside the scope of the foreseeable risk of harm originally created by the defendant's unreasonable act or omission and/or when the harm caused by the intervening cause is extraordinary and highly unusual.


robinn137

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Reply 2 on: Aug 3, 2018
Great answer, keep it coming :)

abro1885

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Reply 3 on: Yesterday
Excellent

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