Theories of Causation | Samantha Bates | January 07, 2016

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Theories of Causation

Original Creator: Jonathan Zittrain Current Version: Samantha Bates Show/Hide
  1. 1 Show/Hide More Howard v. Wal-mart Stores, Inc.--"The 'More-Likely-Than-Not' Standard for Causation"
    Original Creator: Jonathan Zittrain Current Version: Samantha Bates
    Should courts hold that a defendant cannot be proved to “cause” the harm, if the evidence merely supports that it was “more likely than not” that the defendant caused the harm?
  2. 2 Show/Hide More Stubbs v. City of Rochester--"The Sewage in the Drinking Water Case"
    Original Creator: Jonathan Zittrain Current Version: Samantha Bates
    When there are multiple possible causes of the plaintiff’s harm—only some of which the defendant is responsible for—should the plaintiff be required to disprove all other possible causes in order to prevail?
  3. 3 Show/Hide More Anderson v. Minneapolis, St. P. & S. St. M. R.R. Co.--"The Multiple Fires Case"
    Original Creator: Jonathan Zittrain Current Version: Samantha Bates
    Should courts regard a defendant’s conduct as a liable cause of the plaintiff’s harm if the harm would have occurred irrespective of the defendant’s conduct?
  4. 4 Show/Hide More Brown v. Wal-Mart--"The Phantom Tortfeasor"
    Original Creator: Jonathan Zittrain Current Version: Samantha Bates
    Should a defendant’s liability be excused if the action of an unknown intervening party seems to be a more substantial cause of the plaintiff’s injury?
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January 14, 2016

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Samantha Bates

Research Associate

Harvard Law School, Berkman Center

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