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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'.
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 ...
Causality is an influence by which one event, process, state, or object (a cause) contributes to the production of another event, process, state, or object (an effect) where the cause is at least partly responsible for the effect, and the effect is at least partly dependent on the cause. [1]
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.
Legal causation or remoteness – The idea that liability may be so remote from the defendant that the negligence was not foreseeable or preventable by that party. Negligent Infliction of Emotional Distress - The idea that one has a legal duty to use reasonable care to avoid causing emotional distress to another individual.