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Law School
The Law School of America
1553 episodes
1 day ago
The Law School of America podcast is designed for listeners who what to expand and enhance their understanding of the American legal system. It provides you with legal principles in small digestible bites to make learning easy. If you're willing to put in the time, The Law School of America podcasts can take you from novice to knowledgeable in a reasonable amount of time.
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All content for Law School is the property of The Law School of America and is served directly from their servers with no modification, redirects, or rehosting. The podcast is not affiliated with or endorsed by Podjoint in any way.
The Law School of America podcast is designed for listeners who what to expand and enhance their understanding of the American legal system. It provides you with legal principles in small digestible bites to make learning easy. If you're willing to put in the time, The Law School of America podcasts can take you from novice to knowledgeable in a reasonable amount of time.
Show more...
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Education
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Torts Lecture Twenty-One Proximate Cause: Foreseeability and Legal Responsibility
Law School
52 minutes
2 weeks ago
Torts Lecture Twenty-One Proximate Cause: Foreseeability and Legal Responsibility

Proximate cause is a fundamental and often complex concept in tort law that determines the extent to which a defendant can be held legally responsible for harm caused. While "cause-in-fact" (or "actual cause") establishes a factual link—"but for" the defendant's action, the injury would not have occurred—proximate cause acts as a legal and policy filter, limiting liability to consequences that are sufficiently related to the defendant's conduct (AllLaw; Reddit; Torts Lecture Twenty-One; Number Analytics). As the Latin proverb states, "Injure non remota causa sed proxima spectatur" – in law, only the immediate (proximate) cause should be considered, not the remote cause (IIPSeries).

Takeaways

Proximate cause is essential for understanding legal responsibility in torts.

The distinction between actual and proximate cause is foundational in tort law.

Foreseeability is a key component in determining proximate cause.

Intervening causes can complicate liability but do not always absolve the original defendant.

Superseding causes break the chain of liability, absolving the original defendant.

The eggshell plaintiff rule holds defendants liable for the full extent of injuries, regardless of the plaintiff's pre-existing conditions.

Judicial approaches to proximate cause vary, influencing case outcomes.

Proximate cause applies across negligence, strict liability, and intentional torts.

Policy considerations in proximate cause aim to balance fairness and limit liability.

Understanding these principles is crucial for success in tort exams and legal practice.

Law School
The Law School of America podcast is designed for listeners who what to expand and enhance their understanding of the American legal system. It provides you with legal principles in small digestible bites to make learning easy. If you're willing to put in the time, The Law School of America podcasts can take you from novice to knowledgeable in a reasonable amount of time.