With the gradual adoption of some portions of the Restatement (Third) of Torts, courts will:
A) rely less on the notion of proximate cause
B) move away from the notion of the "substantial factor"
C) use a "risk standard" to help judge when liability should be imposed
D) presume duty almost always exists where there is a risk of physical harm
E) all the other choices

Question

Quizplus · Accepted Answer

The Restatement (Third) of Torts introduces several changes to traditional tort law, including a shift towards a "risk standard" where liability may be imposed based on the level of risk created by the defendant's conduct, rather than a strict causation analysis. This can lead to courts relying less on the notion of proximate cause and moving away from the "substantial factor" test. Additionally, the Restatement (Third) generally presumes that a duty exists to avoid physical harm in most situations. Therefore, all of the choices listed in the question are correct.

With the Gradual Adoption of Some Portions of the Restatement