Part 9 (Factual Causation)

Question 1

What are the two types of Causation?

Answer 1

Factual Causation

Proximate Causation

Question 2

What is Factual Causation?

Answer 2

a “factual inquiry” into whether Def’s conduct precipitated the injury

Question 3

What is Proximate Causation?

Answer 3

a “policy inquiry” into whether it’s fair to impose liability on a Def. whose conduct was a factual cause

Question 4

What are the two approaches to determining proximate cause?

Answer 4

1. direct causation - if you are the cause in fact, you are also the proximate cause
2. foreseeability - defendant’s actions were what caused the injury and the injury was foreseeable

Question 5

What is the “But for” Test?

Answer 5

“but for” what the defendant did, the plaintiff would not have been damaged