Cause in Fact - Explained
But-For Causation
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What is Causation in Fact?
In a negligence action, the defendant's conduct must have caused the injury to the plaintiff. Causation in fact presents the question, but for the act of the defendant, would the injury have occurred?
How to Show Causation in Fact?
Cause in Fact is the broadest aspect of causation, as any number of causes together could have contributed to the injury.
The jury must determine whether the defendants conduct is a substantial, material factor in bringing about the injury.
If there are multiple defendants, each individual defendant can be held jointly and severally liable for the collective actions of the group.
Related Topics
- Tort Law (Intro)
- What are Torts?
- What are the types of torts?
- What are Intentional Torts?
- Unintentional Tort
- Assault and Battery?
- Intentional Infliction of Emotions Distress?
- Invasion of Privacy?
- False Imprisonment?
- Malicious Prosecution?
- Trespass?
- Conversion?
- Defamation?
- Defenses to Defamation?
- Absolute Privilege
- Defamation and 1st Amendment Considerations?
- Fraud?
- Intentional Interference with Contractual Relations?
- What is Negligence?
- Negligence A Duty of Care?
- Negligence Breach of Duty of Care?
- Causation?
- Cause-in-Fact
- What are common defenses to negligence actions?
- What is Strict Liability?
- Strict Liability Causes of Action Examples
- Strict Products Liability
- What defenses exist to strict product liability actions?
- Compensatory damages?
- Punitive damages?
- Treble Damages