Unit 4 - Factual Causation

Question 1

What are the various theories of causation ?

Answer 1

• “But for” test.
• The adequacy theory.
• The direct consequences theory.
• The foreseeability theory.
• The flexible approach.

Question 2

What is the difference between factual and legal causation ?

Answer 2

• Factual causation involves determining whether the act of an individual as a question of fact, caused the harm to occur.
• However, in theory a factual causal nexus could in theory lead to infinite harmful events and therefore the law creates a second leg of legal causation which determines which conduct a defendant can actually be held liable for.

Question 3

Discuss the “but for” test.

Answer 3

• Factual causation establishes a clear link between a person’s actions and the harm caused. Without this link, there’s no legal basis for claiming a delict.
• For harm to be legally connected to someone’s actions, those actions must be shown to be a necessary condition for the harm.
• This test helps determine causation; it asks if the harm would have happened “but for” (without) the defendant’s conduct. If the harm wouldn’t have occurred without their actions, then their conduct is a factual cause of the harm.
• The plaintiff must prove that the defendant’s actions were the actual cause of their harm by showing that the harm would not have happened otherwise.

Question 4

Discuss commission and omission.

Answer 4

• Commission entails mental elimination to see if the outcome would have been the same without the act.
• Omission entails hypothetical substitution to see if action would have preventedharm from occurring.