Author Question: Two men are doing target practice and are shooting at a target on a tree. Both are using the same 22 ... (Read 76 times)

rosent76 · **on:** Aug 3, 2018

Two men are doing target practice and are shooting at a target on a tree. Both are using the same 22 long shells in their rifles. They both know that they are shooting toward a residential area. Both of them shoot and one of the shells from one of the hunter's rifles strikes a homeowner in the leg, but it is not known from which rifle the shell came. Causation will be resolved:

a. Using the substantial factor test.
b. Using the But For test.
c. Using the alternative liability test.
d. Using the Prudent Hunter's Rule..

Question 2

Two hunters are out in a field near some woods hunting pheasants. Both see a man standing by the tree line. One hunter is using a 12 gauge shotgun. The other is using a 20 gauge shotgun. A pheasant takes flight toward the woods and both hunters shoot. Shot pellets from both the 12 gauge and the 20 gauge hit the man in the chest causing serious injuries. Causation will likely be resolved:

a. Using the but for test.
b. Each hunter was a substantial factor in causing the man's injuries so both will be liable.
a. Since it cannot be established which hunter's shot caused the greater injury, plaintiff cannot recover from either hunter.
b. Plaintiff must choose only one hunter to sue.