14) The best statement of the test applied in determining if a defendant was the
ID: 360588 • Letter: 1
Question
14) The best statement of the test applied in determining if a defendant was the proximate cause of the 1) plaintiffs injuries is: A) Should it have been foresceable to the defendant that defendant's conduct could lead to this kind of injury? B) Was it foreseeable to the plaintiff that the defendant would engage in this conduct? C) Given this particular injury to the plaintiff, was it foreseeable that the defendant was the cause? D) Was it foreseeable to the plaintiff that this kind of injury could occur under the particular conditions that the injury did occur? E) Was the injury foreseeable to the plaintiff prior to the injury's occurrence?Explanation / Answer
Answer A: Should it have been foreseeable to the defendant that the defendant's conduct could lead to this kind of injury?
Explanation:
Defendant-A defendant is liable if it is proved that his/her conduct is the proximate cause of the plaintiff’s injury.
Plaintiff- A plaintiff is the injured party. The plaintiff should prove to the court that the kind of injury is what the tort law is intended to protect.
Kind of injury- Physical injuries are covered however the plaintiff must make it clear of the type of emotional injuries like distress, loss of value and reputation, etc
Foreseeable- Foreseeability is the test that basically asks that the person causing the injury should have reasonably foreseen the consequences of his conduct.
Foreseeability and the proximate cause- The tort relating to the scope of liability limits to the type of harm (kind of injury) and the manner of harm but not the extent of the harm.
Conclusion- Hence the best statement of the test applied in determining if a defendant was the proximate cause of the plaintiff's injuries is: Should it have been foreseeable to the defendant that the defendant's conduct could lead to this kind of injury?
Related Questions
Navigate
Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.