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TOPICS


Causation


BACKGROUND

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 typically legally responsible for the harmful 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. It can often be a complex and uncertain matter.

Causation - Basics
Causation - Cause-in-fact versus Cause-in-law (Proximate Cause) (+)



BREAK IN CHAIN
Causation - Break in Chain of Causation (Novus Actus Interveniens)

BURDEN OF PROOF
Causation - Burden of Proof

'BUT FOR'
Causation - 'But for' and Complications (+)

INSURANCE
Causation - Insurance Interpretation

LOSS OF CHANCE
Causation - Loss of Chance

MATERIAL CAUSATION
Causation - Material Contribution

MODIFIED OBJECTIVE
Causation - Modified Objective Causation

SIGNIFICANT CONTRIBUTING CAUSE
Causation - Significant Contributing Cause

SPOLIATION
Causation - Where Absence of Evidence is D's Fault

STATISTICAL
Causation - Statistical


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Last modified: 15-10-24
By: admin