Cannot figure out these 2 law questions that are simple, yet keep my mind racing!?
Find answers to your legal question.
Cannot figure out these 2 law questions that are simple, yet keep my mind racing!?
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Lee, a salesperson for Midsize Corporation , causes a car accident while on business. Lee and Midsize are liable to all persons:
a. Who are injured
b. Who do not have insurance to pay for their injuries
c. Whose injuries could have reasonably been foreseen
d. None of the above
. Driving his car negligently, Paul crashes into a telephone pole. The pole falls, smashing through the roof of a house onto Karl, who is sitting inside. Karl dies. But for Paul’s negligence Karl would not have died. Regarding Karl’s death, Paul’s crash is the:
a. Cause in fact
b. Intervening cause
c. Proximate cause
d. None of the above
Thanks!
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Not Dear Abby
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1. is "a." Lee is responsible for the collision BUT he was an employee who was on the job when he caused the collision, so Midsize is responsible for the actions of their employee/agent. The individuals who were injured can and would sue Lee and Midsize. Lee and Midsize would be found to be jointly and severally liable - which would mean that the plaintiffs would get their money from Midsize - the deep pocket.
2. is "a." Cause-in-fact is determined by the "but-for" test: but for the action, the result would not have happened. Here, but-for Paul's actions the pole wouldn't have fallen, wouldn't have smashed into Karl's house, and wouldn't have killed Karl.
("intervening cause" is an event which occurs after the initial act leading to an accident, and substantially causes the accident. The telephone pole falling onto the house was the intervening cause. A "proximate cause" is an event sufficiently related to a legally recognizable injury to be held the cause of that injury. Smashing into a telephone pole with one's car cannot be considered sufficiently related to the injury that occurred to Karl in his own home (which was not hit by Paul's car) in my never-to-be-humble opinion.) |
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Gabby
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1. d
2. a |
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