What are the major defenses to proximate cause?
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“similarity.” See Syllabus. I will also not accept papers that fail to properly cite to sources.
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1.
First, describe in detail what “proximate cause” is. What are the major defenses to proximate cause? Then, for each person mentioned in the facts (or anyone you can think of that is not specifically mentioned), tell me if they are the proximate cause of an injury to another.
2.
One potentially unnamed entity would be the government agency (city, town, etc.) that is responsible for the playground and its equipment as well as the condition of the road. Tell me what duties that government agency might owe to each of the persons mentioned in the facts. Was there any breach of duty? What issues might exist with respect to proximate cause?
3.
If this case was submitted to you as a judge, what questions might you have before you issued a ruling? Who do you think is entitled to damages? Who do you think is liable for damages, if anyone? Are there any facts you need before ruling?
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