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In criminal law, it is defined as the actus reus (an action) from which the specific injury or other effect arose and is combined with mens rea (a state of mind) to comprise the elements of guilt. Causation only applies where a result has been achieved and therefore is immaterial with regard to inchoate offenses.
In law and insurance, a proximate cause is an event sufficiently related to an injury that the courts deem the event to be the cause of that injury. There are two types of causation in the law: cause-in-fact, and proximate (or legal) cause. Cause-in-fact is determined by the "but for" test: But for the action, the result would not have happened ...
Baker v Willoughby (1969) was a Judicial Committee of the House of Lords case decision on causation in the law of torts, notable for its idiosyncratic facts. The case is concerned with the question of "breaking the chain of causation", or novus actus interveniens.
Causation (law) Barnett v Chelsea & Kensington Hospital Management Committee [1968] 2 WLR 422 is an English tort law case that applies the "but for" test of causation . [ 1 ] [ 2 ]
Hotson v East Berkshire Area Health Authority [1987] 2 All ER 909 is an English tort law case, about the nature of causation. [1] It rejects the idea that people can sue doctors for the loss of a chance to get better, when doctors fail to do as good a job as they could have done.
[3] That is the meaning intended by statisticians when they say causation is not certain. Indeed, p implies q has the technical meaning of the material conditional: if p then q symbolized as p → q. That is, "if circumstance p is true, then q follows." In that sense, it is always correct to say "Correlation does not imply causation."
Counterfactual theories define causation in terms of a counterfactual relation, and can often be seen as "floating" their account of causality on top of an account of the logic of counterfactual conditionals. Counterfactual theories reduce facts about causation to facts about what would have been true under counterfactual circumstances. [24]
Causation in English law concerns the legal tests of remoteness, causation and foreseeability in the tort of negligence. It is also relevant for English criminal law and English contract law . In the English law of negligence , causation proves a direct link between the defendant ’s negligence and the claimant ’s loss and damage.