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legal and factual causation

Causation looms large in legal and moral reasoning. Establishing causation is not, in itself, enough to determine legal liability, however. Technically, ‘… the material contribution to risk exception to “but for” causation is not a test for proving factual causation, but a basis for finding “legal” causation where fairness and justice demand deviation from the “but for” test’ (the Clements case at para 45). FACTUAL CAUSATION Jane Stapleton* The doctrinal parameters of the tort of negligence are remarkably open-textured which is why it has typically been in negligence cases that foundational formulations of factual causation have been made. Factual causation is established if ‘but for’ the breach the claimant would not have suffered the loss: Barnett v Chelsea & Kensington Hospital [1969] 1 QB 428. IT must make more than an ‘insubstantial or insignificant contribution’. Establishing Factual Causation . In this article we examine some of the legal principles with respect to the third element: causation. The first, which is sometimes referred to as “factual causation”, “cause in fact”, or “but for cause”, is essentially concerned with whether the defendant’s fault was a necessary condition for he loss occurring. And, this response considers only Pa. law. Factual causation) – the actions directly caused the result; and 2. “Foreseeable” (legal causation) must be reasonably foreseeable that ’s Δ act could cause harm – objective when a crime is defined without any regard to the ’s conduct (ex. The first case summaries involve questions of factual causation, which usually requires an application of the ‘but-for’ test. The test for legal causation is objective foreseeability. Questions of legal causation may involve implicit policy and factors. There are two aspects of this: FACTUAL causation and LEGAL causation. So there is factual causation. As a guiding framework it uses the causal model … This is known as legal causation. Here is another example along the lines of criminal law. It asks that ‘Whether the defendant’s act was the ‘operative’ and ‘substantial’ cause of death. One asks whether the claimant’s harm would have occurred in any event without, (that is but-for) the defendant’s conduct. For instance, building upon my earlier simple hypothetical example of a fire, criminal causation would concern whether or not a defendant is criminally culpable (i.e. Define intervening superseding cause, and explain the role it plays in the defendant’s criminal liability. Definition of Causation. Both factual causation and legal causation must be proved in order to make a claim in Negligence. Or was it the main cause or the real cause. This area of law has recently undergone an extensive restatement by the American Law Institute and been the subject of legislative attention in all Australian states. Next, the court must be satisfied that the defendant’s act was significant and operative at the time of death. Noun. However, the chain may be broken by an intervening event. Thus, we must also establish legal causation. Distinguish between factual and legal cause. Causation can be proved either through factual or legal causation. This chapter examines factual causation doctrine in isolation and derives some rules for navigating this most intractable part of tort law. The question is entirely one of fact. They have also needed to determine the meaning of ‘loss’. proving factual causation, but a basis for finding “legal” causation where fairness and justice demand deviation from the “but for” test’ (the case at para 45). that there is no single and general criterion for legal causation which is applicable in all instances and he accordingly suggested a flexible approach. If it would, that conduct is not the cause of the harm. Established the prosecution will fail element: causation. 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