Wednesday, December 15, 2010
What is the direct causal link and neglect?
One of the elements of the negligence must be determined, the causal link. To win a suit in negligence, the plaintiff must prove that the accused, an act of negligence or omission was more likely be the cause of injury or damage. Direct causal link is a term in a minority of jurisdictions for which generally known as the immediate cause. Named but - the first test of causation for CausationThe "but - for" causation or real causal link. This operation, an action called, but that the injury or damage have not occurred.Scope LiabilityThe problem with but - causal link is that a single event can many causes indefinitely in time regression fall but - for. But since for testing limited effectively an ineffective test the extent of liability on an adequate scale, to be the causal link in negligence was cases.Direct CausationDirect affine causation the idea but - for the link of causality by limiting to acts or omissions for which there is no substitute their cause and damage found. A direct cause is a real but - for cause must but it also immediate time CausesA actual injury.Superseding replacement question which negligence the causal in a claim, is a independent act or omission which was unpredictable. It must be replaced but - for output occurred at the latest at the time the Act or unforeseeable.The were the failure of the defendant eggshell skull applicant RuleWeaknesses or vulnerabilities in the person of a claim of negligence that increase the extent of damage to that person are not considered cases of replacement. It is a principle of liability law zivIle délbezeichnet the applicant skull rule Ictuelle shell for a condition injuries caused small strokes that any normal person would damage.
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