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Incorrect. Proximate cause goes to the jury and the default is not<\/em> that a judge needs to determine <\/em>that, but rather that the jury will always<\/em> consider it (except in the outlier cases in which no reasonable juror could disagree).<\/div>\n","tip":"","notChosenFeedback":""},"text":"
A judge determines that a jury must consider it.<\/div>\n"},{"correct":true,"tipsAndFeedback":{"chosenFeedback":"
Correct. This simply restates the scope of liability (or harm within the risk) test for proximate cause.<\/div>\n","tip":"","notChosenFeedback":""},"text":"The harm that occurred is the kind associated with the risk in defendant\u2019s unreasonable conduct.\n"},{"correct":false,"tipsAndFeedback":{"chosenFeedback":"
Incorrect. This may seem like a viable second choice; however, it is wrong because it mixes up the directness test from Polemis<\/em> with the analysis associated with excused violations of statute in the restatement (and again because it allocates authority to the judge).<\/div>\n","tip":"","notChosenFeedback":""},"text":"
A judge determines that the harm directly flowed from the defendant\u2019s actions and directs a jury to find excuse.<\/div>\n"},{"correct":false,"tipsAndFeedback":{"chosenFeedback":"
Incorrect. The eggshell plaintiff rule is concerned with making whole a victim whose amount<\/em> of harm may have been unforeseeable, and whose tortfeasor will not be permitted to limit their liability by reference to the amount of harm\u2019s foreseeability.<\/div>\n","tip":"","notChosenFeedback":""},"text":"
The harm that happened was more extensive than the eggshell plaintiff rule would permit.<\/div>\n"}],"overallFeedback":[{"from":0,"to":100}],"behaviour":{"enableRetry":true,"enableSolutionsButton":true,"enableCheckButton":true,"type":"auto","singlePoint":false,"randomAnswers":false,"showSolutionsRequiresInput":true,"confirmCheckDialog":false,"confirmRetryDialog":false,"autoCheck":false,"passPercentage":100,"showScorePoints":true},"UI":{"checkAnswerButton":"Check","showSolutionButton":"Show solution","tryAgainButton":"Retry","tipsLabel":"Show tip","scoreBarLabel":"You got :num out of :total points","tipAvailable":"Tip available","feedbackAvailable":"Feedback available","readFeedback":"Read feedback","wrongAnswer":"Wrong answer","correctAnswer":"Correct answer","shouldCheck":"Should have been checked","shouldNotCheck":"Should not have been checked","noInput":"Please answer before viewing the solution","a11yCheck":"Check the answers. The responses will be marked as correct, incorrect, or unanswered.","a11yShowSolution":"Show the solution. The task will be marked with its correct solution.","a11yRetry":"Retry the task. Reset all responses and start the task over again.","submitAnswerButton":"Submit"},"confirmCheck":{"header":"Finish ?","body":"Are you sure you wish to finish ?","cancelLabel":"Cancel","confirmLabel":"Finish"},"confirmRetry":{"header":"Retry ?","body":"Are you sure you wish to retry ?","cancelLabel":"Cancel","confirmLabel":"Confirm"},"question":"
Options<\/p>\n"}

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