Causation

Question 1

actual cause

Answer 1

If the result would not have occured but for the actor’s conduct

Question 2

Substantial Factor Test

Answer 2

Test typically arises when two acts, either one of which is sufficient to cause the resulting harm, occur concurrently.
Was x’s conduct a substantial factor in the resulting harm?

Question 3

Proximate cause

Answer 3

Determines who or what events among those that satisfy the but-for standard should be held accountable for the resulting harm

Question 4

Proximate cause test

Answer 4

Was it foreseeable?

Question 5

Intervening forces

Answer 5

1. an act of god
2. an act of an independent third party
3. an act or omission of the victim that assists in bringing that outcome

Question 5

Is an intervening cause superseding?

Answer 5

1. foreseeability
2. apparent safety doctrine: even though the defendant created a dangerous situation, they are not responsible for the ensuing result if it can be determined that the dangerous situation created by defendant was over and the victim had reached apparent safety, and then jeopardized themselves by another cause
3. Voluntary human intervention: A defendant is not the proximate cause of a result if a free, deliberate, and informed act of another human being intervenes