But for causation Flashcards
What is but-for causation?
“cause in fact”
(butterfly flapping its wings)
What are the two ways an act can be the “cause in fact” of harm?
- being the but for cause of the harm
AND - being a “substantial factor” in creating the harm
What is the “But-for” rule?
If the result (harm), would not have happened without the act, then the act is a cause in fact or but-for cause of the result.
If not, but-for the act, the harm wouldn’t have occurred.
What is the “substantial factor” test?
Assumes that 2 concurring acts occurred independently of each other. Even if conduct is not the sole cause of the harm, if it was a “substantial factor” bringing about the result/harm, then it is a “cause in fact” of the harm.
Even if not “but for” cause of harm, can still be a “substantial factor”
For homicide, if the act accelerated victim’s death/shortened their life, then this strongly suggests that conduct was a “substantial factor” in producing death.
How does the “substantial factor” test apply in conspiracy cases?
If the act occurred as part of a joint enterprise (aka conspiracy), the act of each person will be attributed to the other, and there will be no need to determine whether each act was a substantial factor in leading to the harm.
