Factual Causation

Question 1

Causation - Overall

Answer 1

• once negligent conduct is shown, pl must establish that the conduct was the cause of their injury
• need to show BOTH factual/actual causation and proximate causation

Question 2

Tests for Actual Cause

Answer 2

• but for test
• merged causes -> substantial factor test
• unascertainable causes approach

Question 3

But For Test

Answer 3

• an act or omission = a factual cause of the injury when the injury wouldn’t have occurred but for the act or omission
• applies where several acts (each insufficient to cause the injury alone) combine to cause the injury
• def can refute by showing pk would’ve still been injured even if the act or omission did not occur

Question 4

Substantial Factor Test

Answer 4

• applies where several causes bring about the injury + any one alone would have been sufficient
• def’s conduct is the cause in fact if it was a substantial factor in causing the injury
• sometimes referred to as situation involving “multiple sufficient causes”

Question 5

Unascertainable Causes Approach

Answer 5

• applies when there are two acts, only one of which causes the injury but it is not known which one
• burden of proof shifts to defs, + each must show own negligence is not the actual cause

Question 6

Merged Causes Approach vs. Unascertainable Causes Approach

Answer 6

• merged -> both parties caused the harm
• unascertainable causes -> both parties acted negligently, but only ONE caused the harm