Multiple Defendants
Causation
Two parts:
Two different tests for factual causation
Causation
Two parts:
- Factual cause
- Proximate cause
Two different tests for factual causation
- “But for”
- Substantial factor
—
Stubbs v. City of Rochester
Zuchowicz v. United States
What about multiple possible causes?
—
Anderson v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.
“Multiple Fires Whodunnit”
Necessary and Sufficient Conditions
Necessary condition:
Result happens ONLY IF condition exists.
Put another way:
IF NOT condition, then NO result.
Sufficient condition:
IF condition exists, then result happens.
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Summers v. Tice
“Hunting Party Whodunnit”
Summers v. Tice
Three reasons for alternative liability:
- Almost 51% probability
- Fairness
- “Smoke out” the real evidence
Summers v. Tice
Three reasons for alternative liability:
Almost 51% probability- Fairness
“Smoke out” the real evidence
Garcia v. Joseph Vince Co.
“Fencing Sabre Whodunnit”