Search results
Results from the WOW.Com Content Network
Hart and Honore, in their famous work Causation in the Law, also tackle the problem of "too many causes". For them, there are degrees of causal contribution. A member of the NESS set is a "causally relevant condition". This is elevated into a "cause" where it is a deliberate human intervention, or an abnormal act in the context.
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 ...
A proximate cause is an event which is closest to, or immediately responsible for causing, some observed result. This exists in contrast to a higher-level ultimate cause (or distal cause) which is usually thought of as the "real" reason something occurred. The concept is used in many fields of research and analysis, including data science and ...
Actual cause has historically been determined by the "but for" test. If the result would not have occurred but for the defendant's act, the act is an actual cause of the result. Several other tests have been created to supplement this general rule, however, especially to deal with cases in which the plaintiff suffers great harm, yet because ...
causation: the injury to the plaintiff is a reasonably foreseeable consequence of the defendant's act or omission. Some jurisdictions narrow the definition down to three elements: duty, breach and proximately caused harm. [6] Some jurisdictions recognize five elements, duty, breach, actual cause, proximate cause, and damages. [6]
Causes may sometimes be distinguished into two types: necessary and sufficient. [19] A third type of causation, which requires neither necessity nor sufficiency, but which contributes to the effect, is called a "contributory cause". Necessary causes If x is a necessary cause of y, then the presence of y necessarily implies the prior occurrence ...
Alternative liability is a legal doctrine that allows a plaintiff to shift the burden of proving causation of her injury to multiple defendants, even though only one of them could have been responsible.
The defendant's negligent conduct is the actual cause of the plaintiff's injury if the harm would not have occurred to the plaintiff "but for" the negligent conduct of the defendant. (Perkins) [citation needed] This type of causation is often contrasted with substantial-factor causation.