Causation: Introduction to factual and legal causation

Question 1

Define causation

Answer 1

Causation is a question of fact provided by evidence

Question 2

Distinguish between factual and legal causation

Answer 2

factual causation nexus exist between the act and the harmful consequence which can extend ad infinitum and legal causation which of the harmful events flowing from this conduct should a defendant be held liable for in order to limit liability.

Question 3

What is the test that an act is the cause of a result if the act cannot be thought away without the result appearing simultaneously

Answer 3

Conditio sine quo non test

Question 4

Conditio sine quo non test is also known as

Answer 4

But for test

Question 5

Which case is applicable with regard to the positive conduct

Answer 5

International Shipping Co (Pty) Ltd v Bentley

Question 6

In the case of on the defendant’s part, the conduct must be ‘removed’ in the mind to determine whether the relevant consequence would still have resulted

Answer 6

Positive conduct or commissio

Question 7

Name the factors of logical criticism of the condition sine qua non theory

Answer 7

1. The conditio sine qua non theory is based on a clumsy, indirect process of thought that results in circular logic
2. The conditio sine qua non test fails complete in cases of so called cumulative causation
3. The conditio sine qua non test is in fact not a test of causation, because is merely an ex post facto way of expressing a predetermined casual nexus.

Question 8

Which test applies where one wishes to determined whether an omission caused a certain consequence

Answer 8

Conditio sine qua non test

Question 9

Which conduct is mentally removed to determine whether the relevant consequences would still have resulted

Answer 9

Positive conduct

Question 10

Which conduct involves the mental elimination of the wrongfulness conduct and the substitution of hypothetical

Answer 10

Omission

Question 11

Which case is applicable to conditio sine qua non and causation by an omission

Answer 11

S v Van As

Question 12

In this case the Constitutional court emphasised that the application of the conditio sine qua approach will regard to both positive conduct and omissions is not inflexible since the strict approach would result in an injustice in certain cases

Answer 12

Lee v Minister of Correctional Services

Question 13

In this case the flexible approach is formulated with reference to the onus resting on plaintiff, it is sometimes said that the prospect of avoiding the damage through the hypothetical elimination of the wrongful conduct must be more than 50%

Answer 13

Minister of Finance v Gore

Question 14

The conditio sine qua non cannot really function as a valid test for causation on the grounds of logic and comparative law, what test or method arises

Answer 14

Factual causation

Question 15

What is required to determine the causal link

Answer 15

Knowledge and experience as well as reliable evidence

Question 16

It is incorrect to state that a test for factual causation also contain

Answer 16

Normative elements or policy considerations

Question 17

Since there is no magic formula by which one can generally establish the causal nexus, which facts will depend on such nexus

Answer 17

Facts of a particular case and characteristics of a causal nexus