Actual Causal Connection: Cause in Fact

Question 1

What are the 2 sub-factors of Casual Connection/ Cause in Fact?

Answer 1

1) But-For test: P can prove cause in fact if the P can show that but-for D’s conduct the P would not have been injured
2) Substantial and Material Factor Test: Applied when it cannot be proved who caused the damages and there is more than 1 Defendant.

Question 2

Actual Casual Connection:

Define the But-for test-

Answer 2

The P can prove cause in fact if the p can show that but-for D’s conduct the P would not have been injured.
The trick to remember if “but-for the actions of the defendant would the injuries have occurred to the defendant?”

Question 3

Actual Casual Connection:

Substantial and Material Factor Test-

Answer 3

Applied when it cannot be proved who caused the damages when there is more than one defendant.
A D’s conduct is a cause in fact of P’s injury if it was a substantial factor in causing the injury. As such, each D is jointly and severally liable.

Question 4

Actual Casual Connection:

When is Joint and Several Liability Used?

Answer 4

Under the substantial and material factor test when a P suffered an indivisible injury (one where it is unclear who caused the injury and both parties have an equal chance of causing the injury) and D’s conduct was:

a) a substantial and material factor; or
b) If Ds concerted action brought about the injury.