Cause in Fact Element of Causation - Negligence Lawsuit

The video tutorial explains the concept of causation in tort law, focusing on the 'but for' test, which determines if a defendant's action or inaction was a substantial factor in causing harm. It also covers scenarios involving multiple individuals acting together and how their collective actions can be analyzed for liability. The video distinguishes causation from proximate cause, emphasizing the need for both to establish liability in tort cases.

What is the primary question asked by the 'but for' test in tort law?

• Whether the defendant intended to cause harm

• Whether the defendant was aware of the potential harm

• Whether the harm would have occurred without the defendant's action or inaction

• Whether the harm was foreseeable

In the context of tort law, what must a defendant's action or inaction be to establish causation?

• A coincidental factor

• A substantial and material factor

• An irrelevant factor

• A minor factor

How are the actions of multiple individuals treated in tort law when they act together?

• As independent actions

• As irrelevant actions

• As one collective action

• As separate actions

What is the key difference between causation and proximate cause in tort law?

• Causation is about the 'but for' test, while proximate cause is about foreseeability

• Causation and proximate cause are the same

• Causation is about foreseeability, while proximate cause is about the 'but for' test

• Causation focuses on intent, while proximate cause focuses on duty

What must be present alongside causation to find a person liable for a tort?

• Duty of care

• Proximate cause

• Intent

• Negligence