Factual Causation Flashcards
How can a plaintiff establish liability?
Show actual Causation and proximate Causation.
What is the but for test?
P’s injury would not have occurred f not for Defendant’s act or omission,
When is a but for test applied?
1) When several acts,
2) each insufficient to cause the injury,
3) combine to cause the injury to P.
How can a defendant overcome the but for test?
D can show that plaintiff still would have been injured even if the act or omission did not occur. Falling off the boat in drowning in heavy seas/ undertow no life preserver on board.
When is the substantial factor/merged factor test used?
Where several causes brought injury to P, and any one would have been sufficient.
What must P show in Substantial factor test?
That D’s behavior was substantial factor in causing injury.
What is a cause in fact?
That D’s behavior was substantial factor in causing injury.
What is the Unascertainable Causes approach?
When two acts, but only one causes the injury, and it’s unknown which act caused it.
Who has the burden of proof in the Unascertainable Causes approach and what must they show?
Defendants, that their individual negligence is not the actual cause.
What is the difference between Unascertainable Causes and Substantial factormerged causes tets?
In merged causes, both parties caused harm.
Unascertainable causes – Only one party caused harm, but both acted negligently.
