SU 7: Causation

Question 1

What is causation?

Answer 1

Causation is the link between the defendants conduct and the harm that the plaintiff suffered.

Question 2

Test for factual causation

Answer 2

condictio sine qua non test

Question 3

what does the condictio sine qua non test entail?

Answer 3

condictio sine non is an antecedent (act or conduct) without which the prohibited situation would not have materialized.
One must ask oneself what would have happened if x’s conduct has not taken place: would the result nevertheless ensued?

Question 4

how do determine if someone must be held liable, there is a need to prove the following:

Answer 4

1. factual and legal causation must be proved
2. both causations must be present
3. for factual causation= the condictio sine qua non must be applied
4. the question asked is whether, if you think away the act, will the result disappear?
5. if yes, there is delictual liability
6. if no, there is no delictual liability

Question 5

how to determine legal causation

Answer 5

1.Policy considerations must be applied
2. question asked is whether or not it is reasonable and fair or just to hold the person accountable?
3. to assist the court in determining/hold person accountable=
- Different theories will be used as an aid namely
(a) Individualisation theory such as direct cause/ proximate cause
(b) Adequate causation theory
(c) Novus actus interveniens

Question 6

Novus actus interveniens

Answer 6

novus actus interveniens is an expression which means a new intervening act. It breaks the chain of causation.

Question 7

Case law for novus actus interveniens

Answer 7

S v Grotjohn

Question 8

Case law for legal causation

Answer 8

S v Mokgethi 1990

Question 9

Adequate causation

Answer 9

Theory looks at whether the particular act will result to particular result also looks to human experience

Question 10

Individualisation theory

Answer 10

states that one must search for only one individual condition as the legal cause of the prohibited situation/act.
=the direct cause for the prohibited act

Question 11

two groups of crimes and description

Answer 11

1. formally defined crimes (conduct crimes)
   A certain type of conduct is prohibited irrespective of the result of such conduct.
   E.g possession of drugs, driving a motor vehicle negligently.
2. materially defined crimes (result crimes)
   It is not the specific conduct which is prohibited but any conduct which causes a specific condition
   E.g murder, culpable homicide or arson