Substantial Factor.

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thedive
Posts: 122
Joined: Sun Jan 23, 2011 6:07 pm

Substantial Factor.

Postby thedive » Mon Dec 19, 2011 12:09 am

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.

thedive
Posts: 122
Joined: Sun Jan 23, 2011 6:07 pm

Re: Substantial Factor.

Postby thedive » Mon Dec 19, 2011 12:23 am

Never mind, found it in the supplement.




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