Causation

Question 1

But For Causation

Answer 1

When the but for test fails, must courts use a substantial factor test “multiple sufficient causes”
In VA, uses each cause that would have been a factual cause of the P’s harm is

Question 2

Proximate Cause

Answer 2

In Va, the D’s act is the proximate cause of the injury if the injury was the natural and proximate consequence of the act and if it was foreseeable

Question 3

Superseding cause

Answer 3

in order to be a superseding cause and to break the chain of causation in Va, the intervening cause must completely supersede the D’s actions so that the intervening cause alone produced the P’s injury without the D’s contributing negligence

Question 4

Lost chance of recovery doctrine

Answer 4

In Va a wrongful death suit, if a physician destroyed any substantial change that the P could survive, the P’s conduct is treated as the proximate cause of her death