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Torts: Basic Fluency in a Fundamental Legal Language (Revised for Fall '24)

Proximate Causation

This inquiry is not really about causality in the physical sense at all. Justice Andrews made this clear in his famous comment in Palsgraf: "What we do mean by the word ‘proximate’ is that, because of convenience, of public policy, of a rough sense of justice, the law arbitrarily declines to trace a series of events beyond a certain point. This is not logic. It is practical politics." Andrews' comment could be restated this way: whether the element of legal/proximate cause is satisfied turns on whether the defendant's negligence is sufficient linked to the plaintiff's injury to warrant holding holding the former responsible for the latter.