The document discusses causation and the tests used to determine proximate cause in negligence cases. There are two main tests: 1) the cause-in-fact test, which has two subtests - the sine qua non and substantial factor tests; and 2) the policy test, which considers foreseeability, natural consequences, and other factors. An efficient intervening event can sever the causal connection between the negligent act and injury, thereby extinguishing or mitigating the defendant's liability.
The document discusses causation and the tests used to determine proximate cause in negligence cases. There are two main tests: 1) the cause-in-fact test, which has two subtests - the sine qua non and substantial factor tests; and 2) the policy test, which considers foreseeability, natural consequences, and other factors. An efficient intervening event can sever the causal connection between the negligent act and injury, thereby extinguishing or mitigating the defendant's liability.
The document discusses causation and the tests used to determine proximate cause in negligence cases. There are two main tests: 1) the cause-in-fact test, which has two subtests - the sine qua non and substantial factor tests; and 2) the policy test, which considers foreseeability, natural consequences, and other factors. An efficient intervening event can sever the causal connection between the negligent act and injury, thereby extinguishing or mitigating the defendant's liability.
The chapter highlighted that the defendant in order to be liable for
damages, his negligence should be proximate cause of the injury to the right of the plaintiff or the injured party. This means that the negligence of the former should be the cause, which in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred.
There are several tests to determine whether the negligence is the
proximate cause of the injury. The first test is the “Cause-in-fact Test.” Pursuant to said test, it is necessary that there is proof that defendant’s conduct is a factor causing plaintiff’s damage. Under the said test, two subtest should be present; the “Sine Qua Non Test” where it should be considered that the injury would not have occurred but for the defendant’s negligent act; and the “Substantial Factor Test” where it makes the negligent conduct the cause-in-fact damage if it was a substantial factor in producing injuries.
Another test to be considered in determining whether the negligent act
is the proximate cause of an injury is the “Policy Test.” Under the said test, the following shall be considered; a) foreseeability test; b) natural and probable consequence test; c) natural and ordinary or direct consequence test; d) hindsight test; e) orbit or risk test; f) substantial factor test. The effect of foreseeability and natural and probable consequence tests is the defendant is either not liable for the unforeseeable consequence of his acts, or the liability is limited within the risk committed by the defendant’s negligent acts. The effect of the remaining tests under the policy test however are the defendant is liable for damages that are beyond risk, and, the sequence from the effect of the defendant’s act upon conditions existing and forces already in operation at the time, without the intervention of any external forces.
Moreover, a causal connection between a negligent act and an injury
could be severed by an efficient intervening event. An intervening cause must be new and independent, not under the control of the original wrongdoer, or one which by the exercise of reasonable foresight and diligence, he should have anticipated and guarded against it. It must break the continuity of causal connection between the original negligent act of omission and the injury so that the former cannot be said to have been the efficient cause of the latter. In the existence of an efficient intervening event, or if the defendant has proven the existence of such, his liability as to the injury caused by his negligent act is thereby extinguished or mitigated.