Causation Flashcards
Factual Causation
Linking the D’s acts to C’s injury
But for test ( FC )
But for D’s negligence , would C’s injury have occurred nonetheless ?
Multiple Causes ( FC )
More than one cause of the injury or damage
Intervening Acts ( FC )
A new act that happens between the negligent act and the eventual harm can potentially break the chain of causation
Legal Causation
For the defendant to be held liable for an injury it must be shown that the reasonable man could foresee the injury
Foreseeable Loss ( LC )
D is still liable if the injury is foreseeable but
-the way it happened wasn’t
-the extent of the injury wasn’t
Thin Skull Rule ( LC )
If damage is reasonable foreseeable , but is made more serious due to an individual’s circumstances . D is liable for the full extent