factual causation

factual causation,

n the proven link between a deliberate failure to perform duty of care and the resulting negative impact.
References in periodicals archive ?
The authors cover the negligence principle, the duty requirement as it pertains to both physical injuries and nonphysical harm, factual causation, and a variety of other related subjects.
In response to these matters, the Panel recommended legislation reflecting the two distinct strands of a causation enquiry: factual causation and scope of liability.
In order to establish factual causation in the context of medicinal product liability, claimants must prove both general causation ("whether a substance is capable of causing a particular injury or condition in the general population") (10) and specific causation ("whether a substance caused a particular individual's injury").
The court noted that the provision was a contractual concession by BP to limit the issue of factual causation in the processing of claims.
In homicides, factual causation occurs where a person's death would not have resulted 'but for' the original act or omission that ended in the death of the person.
Among his topics are defenses and privileges, negligence, factual causation, failure to act, limited duty, products liability, immunities, trespass and nuisance, defamation, and invasion of privacy.
Prudential's concerns seem in part to have motivated recent developments in the approach courts take to factual causation, such as the development of the concept of 'material contribution to risk' as the test of causation in cases of evidential uncertainty (37) and the effective circumvention of the rules on causation in Chester v Afshar.
In order to determine factual causation, courts adopt the same "but for" test used in criminal cases: "but for" the defendant's tortuous conduct, would the claimant's loss have occurred.
117) See Russell Brown, "Material Contribution's Expanding Hegemony: Factual Causation after Resurfice Corp.
Because David's focus in his scholarly work has been on factual causation, and because he has contributed so much to our understanding of that subject in the Third Restatement, we have chosen a topic in that area for this essay.
If taken as a factual causation test, one is forced to make sense of "but for.