Choose the correct answer for each question.

1. Plaintiff has Loose Limbs Syndrome. As a result if anyone touches Plaintiff his limbs may fall off. Defendant negligently touches Plaintiff while attempting to board a bus. As a result Plaintiff's left arm fell off. Unfortunately Plaintiff was unable to find the arm. The damages for not having an arm are $1,000,000. If Plaintiff had been a normal person, the force of Defendant hitting him would have caused damages of no more that $10. What should Plaintiff's damages be?

   1.   ?    $10 since that is the only harm caused by Defendant.
   2.   ?    $1,000,000 since Defendant was the cause in fact and proximate cause of Plaintiff's injury.
   3.   ?    $0 since Defendant was the cause in fact of Plaintiff's injuries but not the proximate cause.
   4.   ?    $0 since Defendant was the proximate cause but not the cause in fact of Plaintiff’s injuries.
   5.   ?    $500,000 since Defendant was probably not the only cause of Plaintiff's injuries

2. Plaintiff has Loose Limbs Syndrome. As a result if anyone touches Plaintiff his limbs may fall off. Defendant negligently touches Plaintiff while attempting to board a bus. As a result Plaintiff's left arm fell off. Unfortunately Plaintiff was unable to find the arm. The damages for not having an arm are $1,000,000. However, Plaintiff has been told not to ride the bus since it is inevitable that he would be jostled, hit something or move suddenly and lose a limb. What are the likely damages that Plaintiff will receive.

   1.   ?    $0 since Defendant was not a cause in fact of Plaintiff losing a limb.
   2.   ?    $0 since Defendant was not a proximate cause of Defendant losing a limb.
   3.   ?    $0 since Defendant was the cause in fact of Plaintiff's injuries but not the proximate cause.
   4.   ?    $0. Defendant was both a cause in fact and the proximate cause of Defendant's losing the arm. However, the actual harm caused by Defendant was probably 0 since D would have lost the arm soon anyway.
   5.   ?    $100,000 since Plaintiff was an "eggshell skull" plaintiff.

3. Plaintiff has Loose Limbs Syndrome. As a result if anyone touches Plaintiff his limbs may fall off. Defendant negligently touches Plaintiff while attempting to board a bus. As a result Plaintiff's left arm fell off. Unfortunately Plaintiff was unable to find the arm. The damages for not having an arm are $1,000,000. It is more likely than not that Plaintiff would never have lost an arm but for Defendant’s negligence. What are the likely damages that Plaintiff will receive.

   1.   ?    $0 since Defendant was not a cause in fact of Plaintiff losing a limb.
   2.   ?    $0 since Defendant was not a proximate cause of Defendant losing a limb.
   3.   ?    $0 since Defendant was the cause in fact of Plaintiff's injuries but not the proximate cause.
   4.   ?    $1,000,000 since Defendant was a cause in fact of Plaintiff's injury.
   5.   ?    $1,000,000 since Plaintiff might have lost the arm anyway.

4. Plaintiff has Loose Limbs Syndrome. As a result if anyone touches Plaintiff his limbs may fall off. Defendant negligently touches Plaintiff while attempting to board a bus. As a result Plaintiff's left arm fell off. Unfortunately Plaintiff was unable to find the arm. The damages for not having an arm are $1,000,000. It is 80% likely that Plaintiff would have lost the arm anyway during that trip. In other words it is 20% likely that Defendant was a cause in fact of Plaintiff's injury. What are the likely damages that Plaintiff will receive in a traditional cause in fact jurisdiction..

   1.   ?    $0 since Defendant was not a cause in fact of Plaintiff losing a limb.
   2.   ?    $0 Defendant was not a proximate cause of Defendant losing a limb since losing a limb is unforeseeable.
   3.   ?    $0 since Defendant was the cause in fact of Plaintiff's injuries but not the proximate cause.
   4.   ?    $1,000,000 since Defendant was a cause in fact of Plaintiff's injury.
   5.   ?    $1,000,000 since Plaintiff might have lost the arm anyway.

5. Plaintiff has Loose Limbs Syndrome. As a result if anyone touches Plaintiff his limbs may fall off. Defendant negligently touches Plaintiff while attempting to board a bus. As a result Plaintiff's left arm fell off. Unfortunately Plaintiff was unable to find the arm. The damages for not having an arm are $1,000,000. It is 80% likely that Plaintiff would have lost the arm anyway during that trip. In other words it is 20% likely that Defendant was a cause in fact of Plaintiff's injury. What are the likely damages that Plaintiff will receive. THERE IS MORE THAN ONE CORRECT ANSWER. ALL CORRECT ANSWERS MUST BE SELECTED.

   1. $200,000 If this is a jurisdiction that has the traditional approach to cause in fact.
   2. $200,000 If this is a jurisdiction that recognizes Damages for increased risk of harm:
   3. $200,000 If this is a jurisdiction that recognizes the relaxed causation approach to damages.
   4. $1,000,000 If this is a jurisdiction that recognizes the relaxed causation approach to damages
      and if 20% is considered substantial.
   5. $1,000,000 If this is a jurisdiction that recognizes Damages for increased risk of harm:
   6. $0 If this is a jurisdiction that has the traditional approach to cause in fact and damages.
   7. $0 If this is a jurisdiction that recognizes the relaxed causation approach to damages.
   8. $0 If this is a jurisdiction that recognizes Damages for increased risk of harm:
   9. Defendant is not a proximate cause of the harm.
   AM I RIGHT?

6. Plaintiff has Loose Limbs Syndrome. As a result if anyone touches Plaintiff his limbs may fall off. Defendant negligently touches Plaintiff while attempting to board a bus. As a result Plaintiff's left arm fell off. Unfortunately Plaintiff was unable to find the arm. The damages for not having an arm are $1,000,000. It is 10% likely that Plaintiff would have lost the arm anyway during that trip. In other words it is 90% likely that Defendant was a cause in fact of Plaintiff's injury. What are the likely damages that Plaintiff will receive. THERE IS MORE THAN ONE CORRECT ANSWER. ALL CORRECT ANSWERS MUST BE SELECTED.
   For an explanation of some of Problem 6 answers click here.

   1. $1,000,000 If this is a jurisdiction that has the traditional approach to cause in fact.
   2. $900,000 If this is a jurisdiction that recognizes Damages for increased risk of harm:
   3. $1,000,000 If this is a jurisdiction that recognizes the relaxed causation approach to damages.
   4. $0 If this is a jurisdiction that recognizes the relaxed causation approach to damages.
   5. $1,000,000 If this is a jurisdiction that recognizes Damages for increased risk of harm:
   6. $0 If this is a jurisdiction that has the traditional approach to cause in fact and damages.
   7. $0 If this is a jurisdiction that recognizes the relaxed causation approach to damages.
   8. $100,000 If this is a jurisdiction that recognizes Damages for increased risk of harm:
   9. Defendant is not a proximate cause of the harm.
   AM I RIGHT?