Causation in Fact

This exercise begins by illustrating the distinction between cause in fact and legal or proximate cause and then utilizes questions intended to familiarize the student with the but for or sine qua non test and the substantial factor test. The exercise also covers issues relating to concurrent cause dilemmas and problems in identifying which harm was caused to the plaintiff by multiple negligent defendants.

Learning Outcomes

On completion of the lesson, students will be able to:

1. Recall the two concepts of causation.
2. Discuss the difference between cause in fact and legal or proximate cause.
3. List the two tests that courts use to determine whether cause in fact has been established.
4. Analyze issues relating to concurrent cause problems.
5. Quote the "but for" test from the Restatement (Third) of Torts.
6. Quote the "substantial factor" test from the Restatement (Third) of Torts.
7. Identify problems in identifying which harm was caused to the plaintiff by multiple negligent defendants.