Asked by Rebecca Shumate on May 03, 2024
Verified
One of the elements of a tort is causation. Describe the two questions a court must address, and answer in the affirmative, to find causation.
Causation
The demonstration of a cause-and-effect relationship, particularly in legal contexts to prove fault or liability.
Tort
An act of wrongdoing that results in damage or injury to a plaintiff, thus creating a legal responsibility for the individual responsible for committing the act.
Court
A judicial institution with the authority to hear and resolve disputes, apply the law, and administer justice.
- Gain an understanding of key tort law concepts, emphasizing the importance of causation in proving liability.
Verified Answer
• Is there causation in fact?-Did the injury occur because of the defendant's act, or would it have occurred anyway? If an injury would not have occurred without the defendant's act, then there is causation in fact. Causation in fact can usually be determined by the use of the "but for" test: "but for" the wrongful act, the injury would not have occurred. For example, Arnie runs a red light and hits another car. The accident would not have occurred but for Arnie's running the red light.
Learning Objectives
- Gain an understanding of key tort law concepts, emphasizing the importance of causation in proving liability.
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