This document outlines different scenarios in tort law cases involving a plaintiff (Π) who was injured and a defendant (Δ) who may have breached their duty of care. It discusses concepts like negligence, duty, causation, and liability. For each scenario, it provides an example of a character (Finbar) who was injured and another (Jolene) whose actions are analyzed for potential negligence and liability.

1. Π was injured
Δ breached
duty of care to Π
(Π is member of class
of people Δ’s duty is
meant to protect)
(Cardozo view of duty)
Π’s was INJURED and no one caused it—no liability.
E.g., Finbar trips and breaks his leg as he falls down the stairs in his home.
OR
Π’s was INJURED and Δ was NOT NEGLIGENT but Δ is subject to strict
liability.
E.g., Jolene makes a defective product and it injures Finbar, a reasonable user.
Δ’s breach is
legally sufficient cause
of Π’s injury
Δ is LIABLE for Π’s injury Δ’s NEGLIGENCE was the
CAUSE IN FACT of Π’s
INJURY, but no legal cause--
—no liability.
See Perkins.
E.g., Because of Jolene’s
negligent driving, Finbar gets
scared, goes running off on the
other direction. He runs into a
tree.
Δ’s NEGLIGENCE was the LEGAL CAUSE of Π’s INJURY.
E.g., Jolene’s negligent driving causes Finbar’s broken leg—she is liable.
She is also liable for harm to Finbar because now he has to cancel plans
to go rock climbing.
She is not liable for harm to Finbar because on the way home from the
doctor’s office he gets caught in the rain and his coat is ruined.
Δ’s action CAUSED
Π’s INJURY, but Δ
was not negligent—
no liability.
E.g., Jolene is driving
safely but hits Finbar
and he breaks his leg.
Δ has breached duty = NEGLIGENCE.
E.g., Jolene breached her duty by speeding. This is a
breach of duty to anyone who could possibly be harmed
by her negligence.
Π was INJURED and Δ was
NEGLIGENT, but no
causation--they are two ships
passing in the night.
E.g., Finbar trips and breaks his
leg as he falls down the stairs in
his home, or as he trips in the
street. At the same time, Jolene
goes speeding by, driving
negligently
Δ’s breach is
cause in fact
of Π’s injury
Δ has breached duty to Π =NEGLIGENCE
E.g., Jolene breached her duty by speeding. This
is a breach of duty to anyone who could
foreseeably be harmed by her her negligence,
including Finbar who is crossing 5th Avenue.
Δ breached pre-existing
duty of care to anyone
(Andrews view of duty)