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A risk theory is not strictly a theory built on notions of cause at all, as, by definition, the person who caused the injury could not be ascertained for certain. However, it does show that legal notions of causation are a complex mixture of factual causes and ideas of public policy relating to the availability of legal remedies.
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. [1] (For example, but for running the red light, the collision would not have occurred.)
Causation in English law concerns the legal tests of remoteness, causation and foreseeability in the tort of negligence. It is also relevant for English criminal law and English contract law . In the English law of negligence , causation proves a direct link between the defendant ’s negligence and the claimant ’s loss and damage.
Conduct in the law of delict is usually divided into factual and legal causation. Factual causation is proven by a 'demonstration that the wrongful act was a causa sine qua non of the loss'. This is also known as the 'but-for' test. A successful demonstration, however, 'does not necessarily result in legal liability'.
In legal matters, "but-for", "sine qua non", causa sine qua non, [9] or "cause-in-fact" causation, or condicio sine qua non, is a circumstance in which a certain act is a material cause of a certain injury or wrongdoing, without which the injury would not have occurred.
Sometimes factual causation is distinguished from 'legal causation' to avert the danger of defendants being exposed to, in the words of Cardozo, J., "liability in an indeterminate amount for an indeterminate time to an indeterminate class." [31] It is said a new question arises of how remote a consequence a person's harm is from another's ...
Causation (law), a key component to establish liability in both criminal and civil law; Proximate cause, the basis of liability in negligence in the United States;
There is also a requirement for a clear causation, there is no liability or fault if the defendant was not actually the sole cause of the act, this is so if there was an intervention of a third party, an unexpected natural event, or the victim's own act. Either of these can remove the legal blame from the defendant and remove the fault.