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TENTATIVE DRAFT 8, QUESTIONS SUGGESTED FOR DISC. [i] (May 5-7, 1932)

handle is hein.ali/relwtrts0237 and id is 1 raw text is: The American Law Institute

TORTS TENTATIVE DRAFT No. 8
Questions Suggested for Discussion at
Tenth Annual Meeting
May 5-7, 1932     (j:)
Discussion is not confined to the questions pre-
sented here. You are earnestly requested to raise any
further points which occur to you.
1. Should the terms Legal cause or proxi-
mate cause be used? If so, should they be used only
as descriptive of the fact that the actor's conduct is
a substantial factor in bringing about the plaintiff's
injury or should they be.used to include also the rules
set forth in titles B and C restricting liability?
2. Section 310 states that in order to make the
actor liable for the other's injury it is not necessary
that the actor should have realized that his conduct
would cause the injury to the same extent and in the
exact manner in which it was produced. This state-
ment while in accord with the tendency of the later
decisions is contrary to the decisions in many earlier
cases and to the language still occasionally used in
judicial opinion.
3. There are three alternative methods of treat-
ing the subject matter dealt with in Subsection 2 of
Section 311 and the caveat thereto. First, to omit the
caveat. This would make the restatement adopt what
is the law in England and in the majority of American
jurisdictions but would state the law contrary to the
decisions in a great number of American states includ-

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