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TOPICS


Causation


COMMENT

The accepted wisdom on 'causation' was, and mostly is, the 'but for' standard. It stems from the philosophy that delineates 'necessary' and 'sufficient' causes. A 'necessary' cause is one that amongst others has to be present for the effect to take place, and a 'sufficient' cause is one that by itself can create the effect. A 'but for' cause is a human-created necessary cause - that is, without ('but for') that human-created cause the effect would not have happened, and so the human that 'did it' is normally legally responsible for the effect.

Mind you, with law being a thoroughly social activity, it's not always quite so simple. Even when not dealing with 'proximate cause' (aka 'cause-in-law'), which is causation that openly modifies itself by social factors (eg. remoteness and proximity), causation is inherently a social creation - not a feature of physics. Causation can often be a complex and uncertain matter.


CASES

Causation - General
Causation - 'But for' and Complications | Part 2
Causation - Cause-in-fact versus Cause-in-law
Causation - Significant Contributing Cause
Causation - Break in Chain of Causation (Novus Actus Interveniens)
Causation - Material Contribution
Causation - Modified Objective Causation
Causation - Burden of Proof
Causation - Loss of Chance
Causation - Where Absence of Evidence is D's Fault
Causation - Insurance Interpretation
Causation - Statistical

[last edit 20 Nov 2022]

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Last modified: 14-05-24
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