For what torts is proximate cause required?

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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?



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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).

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