Description of the legal term Causation:
Causation is a fundamental principle, particularly in the context of criminal and tort law. It refers to the requirement to establish a link between the defendant’s actions and the result, such as damage or loss. In essence, it is necessary to prove that the defendant’s conduct caused the harm or loss for which they are held responsible.
Causation has two main components:
Factual causation: This is established by the “but for” test – would the damage have occurred in the absence of the defendant’s actions? If the answer is no, factual causation is established.
Legal causation: This involves determining whether the defendant’s actions are sufficiently related to the harm to be held legally responsible. Factors such as foreseeability, directness of harm and any intervening acts are taken into account.
Legal context in which the term Causation may be used:
Example 1: Causation in a negligence claim
In a case of medical negligence, a patient, Alice, suffers complications following an operation. To establish causation, it must be shown that the surgeon’s actions directly caused the complications (factual causation). It must then be shown that those complications were a foreseeable and direct result of the surgeon’s conduct, with no intervening events breaking the chain of causation (legal causation). If both elements are proven, the surgeon could be held liable for the patient’s harm.
Example 2: Causation in criminal law
Consider a scenario where Bob is on trial for causing death by dangerous driving. The prosecution must prove that Bob’s dangerous driving was the actual cause of the victim’s death (but for Bob’s driving, the victim would not have died). They must also prove legal causation – that the death was a direct and foreseeable consequence of Bob’s driving, and that there were no other intervening acts which were the primary cause of the death. If both elements are satisfied, Bob can be held criminally responsible for the death.
