For what torts is proximate cause required?

(Study Tips, Dealing With Stress, Maintaining a Social Life, Financial Aid, Internships, Bar Exam, Careers in Law . . . )
saladfiend
Posts: 93
Joined: Wed Aug 05, 2009 11:19 pm

For what torts is proximate cause required?

Postby saladfiend » Sun Dec 05, 2010 3:43 am

I know it is required for negligence and abnormally dangerous activities. What about nuisance? Is proximate cause required for all torts?

Thanks.

Melkaba
Posts: 94
Joined: Thu Mar 25, 2010 10:31 pm

Re: For what torts is proximate cause required?

Postby Melkaba » Sun Dec 05, 2010 3:56 am

I don't know about saying it's "required" in a strict sense of the word, but I guess there can always be some proximate cause train-of-thought for most torts (most commonly along the line of "injury x was too remote from act y"). I don't know about nuisance, though. I'm drawing a blank, but the only thing that would be coming close is whether or not the thing which is being labeled as a nuisance is a natural consequence of the activity (which in of itself is inconclusive). But to answer your question, I personally haven't seen a tort cause of action so far that uses proximate cause has heavily as negligence (but your mileage on interpretation of elements on some of these causes of action may vary).




Return to “Forum for Law School Students”

Who is online

Users browsing this forum: MSNbot Media and 5 guests