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- Joined: Sun Jan 23, 2011 6:07 pm
X and Y both negligently start fires. X's fire burns down my house, then Y's fire proceeds later on going over the same ground. Using the substantial factor test only X is liable to me rather than both parties having joint and several liability right? So when using the substantial factor test, is it always the first party that causes the damage that is liable, assuming there is a lapse in time? But if both fires burn down the house during the same time, would Summers apply? Thanks in advance.