Factual Causation

Question 1

But For Test

Answer 1

An act or omission is the actual case of an injury when the injury would not have occurred but for the act or omission.

This test applies where several acts (each insufficient to cause the injury alone) combine to cause the injury.

A defendant can refute this by showing that the plaintiff wold have still been injured even if the act or omission did not occur

Question 2

Substantial Factor Test (Multiple Sufficient Causes)

Answer 2

Where several causes bring about an injury, and any one alone would have been sufficient to cause the injury, the defendant’s conduct is the actual cause if it was a substantial factor in causing the injury.

NOTE - in such case, the plaintiff’s are held jointly liable

Question 3

Unascertainable Causes

Answer 3

The test applies when there are two acts, only one of which causes injury, but it is not known which one.

THE BURDEN OF PROOF SHIFTS to the defendant’s, and each must show that his negligence is not the actual cause. If the defendant’s cannot satisfy this burden, they will be held jointly liable.

Think of the quail case