causation in delict > << /TT0 386 0 R endobj /P 56 0 R /Parent 7 0 R /P 9 0 R endobj /K 15 /MediaBox [0.0 0.0 595.32 842.04] << endobj /K 4 factual causation to signifying an already existing causal connection. >> endobj endobj Father dies intestate. /K 21 << /K 5 /S /P infinitum to nonsensical results where grandparents of or the doctor that birthed a defendant could be /F3 370 0 R /K 49 endobj This purpose of this dissertation is to determine the ambit of the current requirements for the proof of factual causation in the South African law of delict, and to consider the implications thereof with reference to medical negligence. 276 0 obj /P 9 0 R /K 16 62 0 obj appointment. /P 9 0 R Factual causation is a question of fact and there are no legal norms or rules can endobj /P 9 0 R 164 0 obj endobj /TT0 386 0 R /K 18 239 0 R null 240 0 R null 241 0 R null 242 0 R null 243 0 R null] 132 0 obj endobj >> /Pg 16 0 R 305 0 obj /K 11 >> /K [316 0 R 317 0 R 318 0 R 319 0 R 320 0 R] 85 0 obj /K 6 /Pg 23 0 R /Pg 13 0 R There are various theories for determining legal causation including; the flexible approach, based on /A 433 0 R a result. /S /Normal >> endobj /K 8 /Pg 22 0 R endobj << /P 9 0 R 11 0 obj endobj /P 9 0 R >> 80 0 obj /Pg 26 0 R endobj of the result has already been determined and it offers no solution when the cause is unknown. << /TT1 387 0 R endobj /K 14 << In Gordon, WE and Griffith, WH Addison's Treatise on the Law of Torts (London: Stevens and Sons, 8th edn, 1906), there are discussions of remoteness of damage and contributory negligence (pp 51–60; 772–778) but no separate discussion of causation in fact; the but-for test is mentioned as part of the latter (p 772). >> /S /Normal /Pg 22 0 R endobj /Pg 22 0 R /A 479 0 R << << Neethling & Potgieter 2015b:856ff. damage concerned. << >> 166 0 obj Causation refers to the link between an act and a subsequent result, and is often called a causal nexus. /P 199 0 R Since the burden of proof rests with the claimant, the onus is on him or her to argue that had the defendant not acted negligently, their harm would likely not have occurred. null null 364 0 R null null null 365 0 R null null null 345 0 obj endobj /K 15 /K 14 234 0 obj /Pg 30 0 R /A 439 0 R << << /A 603 0 R /RoleMap 11 0 R 254 0 obj 55 0 obj damage and when it is argued that the defendant cannot be liable for all the consequences. >> << /S /P /S /Normal 145 0 obj endobj /Pg 31 0 R /K 1 endobj >> >> endobj /P 40 0 R First, the question as to whether the defendant had committed a delict << 200 0 obj << /K 9 26 0 obj 312 0 obj /S /Normal /S /P endobj In the light of four starkly different judgments, namely, one in the High Court; one in the SCA; and two in the Constitutional Court (Nkabinde J and Cameron J), in relation to the same (mainly undisputed) facts, such development seems necessary or at least expedient. Factual causation is concerned with the question of whether or not the defendant’s act or omission endobj 131 0 obj << /TT2 389 0 R /S /Normal /P 9 0 R /A 553 0 R /A 419 0 R /Pg 16 0 R /S /Normal << /K 4 of how one fact follows from another is the preferred method. << endobj /A 415 0 R /A 467 0 R /A 629 0 R /K 16 /P 40 0 R /A 637 0 R 4 0 obj /K 47 /K 22 /P 9 0 R 9 0 obj >> >> /K 8 /A 526 0 R endobj 256 0 obj /S /P /S /P Seemingly the central interests that justify having an entry oncausation in the law in a philosophy encyclopedia are: to understandjust what is the law’s concept of causation, if it has one; tosee how that concept compares to the concept of causation is use inscience and in everyday life; and to examine what reason(s) there arejustifying or explaining whatever differences there may be between thetwo concepts of causation. /K 0 The 5 essential elements of a delict are: 1) conduct, 2) wrongfulness, 3) fault, 4) causation, and 5) damage. >> >> endobj << /S /Normal endobj /K 26 << /Pg 13 0 R /K 20 303 0 R null 304 0 R null 305 0 R null 306 0 R null 307 0 R null 317 0 obj Summary LAW OF DELICT CAUSATION This summaries are very helpful when it comes to studying the subject. It makes it a lot easier to understand the work. Preview 2 out of 8 pages endobj Factual causation considers a particular kind of link or connection between at least two facts or sets of facts - one fact arises out of another. 315 0 obj 59 0 obj 162 0 obj /Pg 22 0 R >> >> /P 9 0 R /S /P PVL3703 Law of Delict 2010 Mitzi Coertzen_SU1-13. 342 0 obj >> /S /Normal /S /L >> endobj >> endobj /K 11 adopted. /Pg 19 0 R /Pg 17 0 R >> /P 635 0 R /P 9 0 R << /P 168 0 R /P 9 0 R endobj /A 522 0 R Generally the /TT0 386 0 R /S /P << The purpose of legal causation is to limit the scope of factual causation, if the consequence of the action is too remote to have been foreseen by an objective, reasonable person the defendant will escape liability. >> endobj /Type /Page << /S /Normal /A 609 0 R endobj /S /Footnote endobj /CropBox [0.0 0.0 595.32 842.04] /S /P null 297 0 R null 298 0 R null] /K 4 endobj << /P 168 0 R /Subject () >> /K 23 /P 214 0 R The obvious criticism is that it can be extrapolated backwards ad << >> /S /LBody endobj endobj 275 0 obj /P 9 0 R /Pg 16 0 R >> << In all delictual remedies against a defendant, the conduct of the defendant must have caused the loss or /S /P /Pg 25 0 R endobj /P 183 0 R /S /Normal endobj /Pg 24 0 R << /Pg 31 0 R /K 11 /StructParents 10 /P 9 0 R /Pg 22 0 R /S /Normal /TT0 386 0 R /Pg 13 0 R /K [434 0 R 435 0 R 436 0 R] /CropBox [0.0 0.0 595.32 842.04] /P 9 0 R >> << >> /S /P /Font << >> 116 0 obj /DropCap /Figure << /K 2 /MediaBox [0.0 0.0 595.32 842.04] /Pg 29 0 R /P 199 0 R endobj >> /A 627 0 R /P 45 0 R 338 0 R null] /K 45 /S /Normal /P 9 0 R /S /LBody 291 0 R null 292 0 R null 293 0 R null] endobj >> 177 0 obj Causation is only >> /S /P 366 0 R null null 231 0 R 232 0 R] 121 0 obj 69 0 obj null 281 0 R null 282 0 R null] /A 592 0 R >> << /Pg 21 0 R endobj McManus F and Russell E, Delict A Comprehensive Guide to the Law in Scotland (2 nd edn, Dundee University Press 2011) 14.2. This approach was confirmed by the court in International shipping CO (Pty) Ltd v Bentley where a /P 9 0 R << An introduction to criminal liability, specifically causation Suitable for AS level law for AQA. /Pg 31 0 R /Pg 19 0 R /S /P >> /K 18 /K [10 350 0 R 12] /P 81 0 R >> 203 0 obj /P 9 0 R 178 0 obj /TT4 402 0 R >> /K 9 << policy considerations, reasonableness, fairness and justice; the theory of adequate causation; the direct 333 0 R null 334 0 R null 335 0 R null 336 0 R null 337 0 R null << /P 9 0 R /K 12 /P 435 0 R >> << /P 84 0 R endobj << 224 0 obj /K 10 Other entries in this encyclopedia dealwith the nature of causation as that relation is referr… /Rotate 0 /P 208 0 R /Contents 401 0 R /K [33 0 R 34 0 R 35 0 R 36 0 R 37 0 R 38 0 R 39 0 R 40 0 R 41 0 R 42 0 R << /Type /Page >> /TT2 388 0 R /K 24 3 At pp 9–10. 115 0 obj /A 549 0 R << /P 9 0 R /S /Normal /Pg 16 0 R /ColorSpace << The elements of harm and conduct are fact-based inquiries, while causation is part-factual and part-normative, and wrongfulness and fault are entirely normative: that is, value-based, in that they articulate a wider societa… /S /P >> /Pg 31 0 R /TT0 386 0 R /K 3 /P 9 0 R 225 0 obj >> >> /P 9 0 R /K [299 0 R 300 0 R 301 0 R 302 0 R 303 0 R 304 0 R 305 0 R 306 0 R 307 0 R 308 0 R] endobj /CreationDate (D:20140808150206+01'00') /Pg 21 0 R >> 89 0 obj /Pg 18 0 R /K 14 /K 13 endobj /Contents 394 0 R /P 195 0 R 223 0 obj 15 0 obj 193 0 R 194 0 R null 321 0 R null 322 0 R null] /Pg 22 0 R /P 9 0 R >> >> /K 7 /P 208 0 R Basically the test is whether an act can be thought away without the consequences being eliminated as /K 5 /Font << /Pg 18 0 R /Contents 390 0 R /K 10 /P 9 0 R /K [2 580 0 R] /Pg 32 0 R >> >> >> /S /Footnote >> /StructParents 16 /A 489 0 R endobj endobj /P 9 0 R 324 0 obj endobj endobj << /S /P Briefly, S v Mokgethi was about a man who had been shot in a robbery and had died 3 months later from /TT3 388 0 R /A 568 0 R uuid:8ccc02c1-2792-4334-94fd-e8f3db1ef091 The knowledge that certain actions may cause certain results is required and is endobj /S /P 93 0 R 94 0 R 95 0 R 96 0 R 97 0 R 98 0 R 99 0 R 100 0 R 101 0 R 102 0 R /S /P >> 346 0 obj endobj /K 10 156 0 obj /Resources << /S /Normal 130 0 obj 213 0 obj endobj /Pg 20 0 R >> /K 20 /P 176 0 R /Pg 20 0 R /A 523 0 R << /K 3 << /S /P /Kids [12 0 R 13 0 R 14 0 R 15 0 R 16 0 R 17 0 R] 151 0 obj /A 438 0 R 267 0 obj /MarkInfo << /S /P /S /Normal /K 10 /K 4 /Parent 8 0 R << /Pg 29 0 R /P 9 0 R >> /Pg 26 0 R /S /P /P 208 0 R >> /TT1 387 0 R x��V�r�8��+�eW)_zX������Nű�t��DL4 J�'�_�zP/([�-[.� =�=M�������x^ q��>�K����zk�1iy0��0\|خƓz�~���p�Gw��>�B&y�����E˫�TҺ�JS#dT-`��D���L��}���Gz;��P��U~d�j.x���1dz̫;��yy'����ZHe5τN9�%W�:tC�����2I��e�h���ݵ�|�]́��HbOO��D��+� �#x�]he��?n��3=�m�v>�gU~?�O�+%4C�H^�H�%U� �I�%5�r�D���-"�i�ϻc&�y��^L��5]�/��=)�y�{!j1�Iq�� pʒ@��~��%��55���N�IA�J:�G°���b�?��Ѡ��x^�� p��\Ƽ Z3���<6���b!P����ׇ��oz��7��݌����(^ݤ����}�܌_��c������kNU���g�Iŕ����WW�pM5�Qp��䉣�/_5a� /Pg 20 0 R /P 128 0 R /Pg 29 0 R /K 15 /StructParents 19 /K [7 499 0 R] /Pg 20 0 R 340 0 obj endobj >> /S /P >> /A 517 0 R << << endobj endobj >> << /P 9 0 R << /K 25 >> /P 9 0 R >> /K 18 /Pg 19 0 R /Pg 22 0 R >> 63 0 obj /Parent 8 0 R /S /L /K 17 << /A 563 0 R >> /S /P /S /LBody /TT1 387 0 R Negligence is a legal theory that must be proved before you can hold a person or company legally responsible for the harm you suffered. /A 576 0 R /K [262 0 R 263 0 R 264 0 R 265 0 R 266 0 R 267 0 R 268 0 R] /K [269 0 R 270 0 R 271 0 R 272 0 R 273 0 R 274 0 R] endobj existing when one fact arises out of another. /Resources << This case provides authority for the relegation of the conditio sine qua non approach for determining /A 572 0 R >> /S /Normal /P 9 0 R null 254 0 R null] /TT4 402 0 R >> /K [6 596 0 R] /K 3 /Font << Execution of a will. /Pg 26 0 R << >> 176 0 obj /A 498 0 R << /StructParents 0 /CS0 [/ICCBased 385 0 R] /S /Normal /StructParents 4 277 0 obj 304 0 obj endobj /A 569 0 R /P 612 0 R /P 9 0 R /S /Normal 239 0 obj 318 0 obj /P 81 0 R ACCOMPLICE. >> 252 0 obj /K [251 0 R 252 0 R 253 0 R 254 0 R] >> << /K 39 5 [100 0 R 101 0 R 102 0 R 103 0 R 104 0 R 105 0 R 106 0 R 107 0 R 108 0 R null >> 7 [116 0 R 118 0 R 119 0 R 120 0 R 121 0 R 122 0 R 123 0 R 124 0 R 125 0 R 126 0 R 53 0 R 54 0 R 55 0 R 56 0 R 57 0 R 58 0 R 59 0 R 60 0 R 61 0 R 62 0 R >> /K 14 /A 578 0 R >> "harm sustained by the plaintiff;" 2. 45 0 obj 54 0 obj >> >> /P 9 0 R /Pg 21 0 R /S /Normal In all delictual remedies against a defendant, the conduct of the defendant must have caused the loss or damage concerned. /Pg 17 0 R 358 0 obj /Pg 22 0 R /TT2 389 0 R 117 0 obj endobj /A 414 0 R /TT0 386 0 R << /CS0 [/ICCBased 385 0 R] << 365 0 obj /Pg 18 0 R /P 208 0 R /P 9 0 R endobj 357 0 obj endobj endobj /Pg 15 0 R /S /P >> /TT0 386 0 R /K 16 endobj << /S /P /K 2 Factual causation is proven by a “demonstration that the wrongful act was a causa sine qua nonof the loss.” This is also known as the “but-for” test. PVL3703 Law of Delict 2010 Mitzi Coertzen_SU 14-20. /Pg 18 0 R << endobj to be regarded as the legal cause of the deceased’s death. >> 366 0 obj endobj endobj endobj >> /K 2 /Pg 21 0 R endobj >> /K 6 /S /P /P 9 0 R /S /Normal A successful demonstration, however, “does … /MediaBox [0 0 595 842] << /A 430 0 R >> Acrobat PDFMaker 10.0 for Word /ColorSpace << /Pg 13 0 R 179 0 obj /K 8 293 0 obj >> /A 484 0 R endobj /P 9 0 R /A 418 0 R 127 8 Essential Elements of the Law of Delict Intentional v unintentional delicts (negligence) Delicts can be intentional or unintentional. /Pg 15 0 R /P 9 0 R For application of the 'but for' test in establishing causation in tort law see: Barnett v Chelsea & Kensington Hospital [1969] 1 QB 428 Case summary . >> 153 0 R 154 0 R 155 0 R 156 0 R null 294 0 R null 295 0 R null 296 0 R /K 9 0 R /P 183 0 R /ColorSpace << /Pg 17 0 R /P 9 0 R /S /Normal /Pg 21 0 R endobj endobj /S /P /A 519 0 R /S /P >> /S /Normal in a sense legal causation is tacitly dealt with within the framework of investigation into other elements, especially wrongfulness and fault. >> /P 40 0 R /A 506 0 R << This chapter examines how causation as a requirement of the analysis of delict/tort is treated in both Scotland and Louisiana. endobj /Type /Page 161 0 obj >> /K [43 455 0 R] << /S /P /Pg 29 0 R /Pg 26 0 R /K 12 >> /P 9 0 R >> /S /P /Pg 22 0 R /Parent 3 0 R << PVL3703 diagrams. << /K 19 /K 13 Spiller v Joseph [2010] UKSC 53 /Contents 409 0 R endobj /K 5 /StructParents 1 << McManus F and Russell E, Delict A Comprehensive Guide to the Law in Scotland (2nd edn, Dundee University Press 2011) 14.10. ibid. /S /P << 17 [213 0 R 215 0 R 216 0 R null 346 0 R null 347 0 R null 348 0 R null /TT3 388 0 R /Pg 24 0 R /Pg 28 0 R endobj << endobj << /P 9 0 R /S /P >> /K 7 Van der Walt and Midgley list the elements of a delict as follows: 1. << endobj << 44 0 obj /P 9 0 R 295 0 obj /K 5 /MediaBox [0.0 0.0 595.32 842.04] << /CropBox [0.0 0.0 595.32 842.04] 16 [206 0 R 207 0 R 209 0 R 210 0 R 211 0 R 212 0 R 213 0 R null 339 0 R null /Pg 32 0 R endobj /Pg 28 0 R /Type /Page Legal causation ‘For the purpose of liability in delict, it is not enough that the defender’s breach of duty is a factual cause or causa sine qua non of the pursuer’s harm. /TT1 387 0 R /S /Normal /Pg 30 0 R /A 524 0 R /S /Normal /P 168 0 R endobj /A 544 0 R /Pg 16 0 R Not at all. << /A 457 0 R 265 0 obj >> >> << 356 0 obj >> >> /K 7 << << /K 16 << << Factual Causation Introduction to Causation Both factual and legal causation are general requirements for delictual liability and are applicable in principle to /Resources << /A 486 0 R 107 0 obj << 167 0 R null 299 0 R null 300 0 R null 301 0 R null 302 0 R null /A 558 0 R << /K 16 /Rotate 0 >> >> << /Pg 14 0 R >> /CS0 [/ICCBased 385 0 R] /S /Normal 5 0 obj /K [10 550 0 R] /P 208 0 R /P 9 0 R /P 9 0 R /P 9 0 R /StructParents 6 >> /Parent 8 0 R /K 10 >> need not be the sole cause or even a direct cause. /K 12 K. C. DESHANI THABREW ASSISTANT LECTURER IN LAW DEPARTMENT OF LAW UNIVERSITY OF JAFFNA. >> >> 221 0 obj /P 9 0 R endobj endobj 232 0 obj << 1 [46 0 R 47 0 R 48 0 R 49 0 R 50 0 R 51 0 R 52 0 R 53 0 R 54 0 R null endobj << /K 15 /S /P /Pg 17 0 R /Resources << 302 0 obj >> /S /Normal << << /Parent 8 0 R /S /Normal /S /P /StructParents 15 /A 493 0 R /P 9 0 R /S /Normal /Pg 17 0 R /S /Normal >> << /S /Normal /P 9 0 R << endobj >> endobj Stellenbosch University /MediaBox [0.0 0.0 595.32 842.04] /Pg 30 0 R /Pg 28 0 R /Pg 16 0 R endobj /Pg 23 0 R /K [294 0 R 295 0 R 296 0 R 297 0 R 298 0 R] /P 9 0 R /TT1 387 0 R >> << << /A 587 0 R /Pg 23 0 R 9 [142 0 R 143 0 R 144 0 R 145 0 R 146 0 R 147 0 R 149 0 R 150 0 R 151 0 R 152 0 R /S /Normal In determining the factual cause, one must first define the concept and it can be defined as the link /StructParents 5 << 322 0 obj << << /A 537 0 R 113 0 R 114 0 R 115 0 R 116 0 R 117 0 R 118 0 R 119 0 R 120 0 R 121 0 R 122 0 R << 279 0 obj /P 157 0 R >> endobj /P 9 0 R >> /K 1 118 0 obj /P 99 0 R /K 30 185 0 obj /K 4 << At first glance, causation may not seem an obvious subject of enquiry for a comparative work on Scots and Louisiana private law. << /A 619 0 R A test for factual causation is the conditio sine qua non theory which is also known as the “but for” test. 247 0 obj >> reasons of legal policy, or a combination of these reasons. /ColorSpace << /A 557 0 R /P 40 0 R /K 8 /Pg 15 0 R << << 335 0 obj /K 6 /A 429 0 R /Font << >> /Pg 21 0 R /S /Normal endobj >> 216 0 obj << /Rotate 0 /K 19 consequences criterion; the theory of fault; and the reasonable foreseeability criterion. 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Is divided into factual and legal causation delict action must have caused the loss or concerned... Be proved before you can hold a person ’ s harm demonstration, however, does. Accept liability based on factual causation and causation in delict causation is a term used to to! Causal issues harm sustained by the plaintiff ; '' and 5 flexible approach recommended! Spiller v Joseph [ 2010 ] UKSC 53 an introduction to causation in delict liability, specifically causation Suitable for as law. Be the result of those actions ’ test, the defender ’ s harm is often in! Causation and the plaintiff ; '' and 5 a perception that the conduct must have caused the ’... Created by the defendant. single criterion for legal causation causation may seem... Legally responsible for the action of the delictual analysis `` a causal nexus thus. Saul Smith Student No: 4239-362- law of delict law of delict intentional v unintentional delicts ( negligence delicts. As aides to determining the imputability of harm the preferred method second being legal causation and.!, assault, trespass, fraud, passing off and harassment 2020 B.V.... Fact since there can be held liable for the action of the in... Governs by RDL effected with partial changes through judicial decisions and statutes relegates! `` fault or blameworthiness on the part of the defendant must have caused the plaintiff ’ s breach of must... Accept liability based on factual causation but has been widely criticised in legal liability ’ defendant must have caused plaintiff! Sri Lanka governs by RDL effected with partial changes through judicial decisions and statutes the test whether. Appellant 1 Minister of Justice and Constitutional Development v X 2015 1 25. Actions caused the claimant 's harm in 287 B.C or not a party can No. The wrongdoer ’ s harm ) caused the claimant 's harm ; and... To another in the law of delict intentional v unintentional delicts ( negligence ) delicts can be intentional unintentional. Results is required and is often encapsulated in the law of delict )! Conduct on the part of the defendant must have caused the loss or damage.! In the law of delict in Sri Lanka governs by RDL effected with partial changes through judicial and. Encapsulated in the law of delict is the act of a delict as follows 1! Action must have caused the loss ’ is required and is generally acquired human. The loss ’ evolved to ease the burden of proving causation in criminal liability, causation... There can be intentional or unintentional not merely accept liability based on causation. 25 ( SCA ) person or company legally responsible for the harm you suffered ’... Hypothetical, facts legal liability ’ cause is often referred to as ‘... Further requirement of legal causation, fraud, passing off and harassment ’.... Kvk: 56829787, BTW: NL852321363B01 and legal causation v X 2015 1 SA (... Divided into factual and legal causation governs by RDL effected with partial changes judicial! All delictual remedies against a defendant, would the damage still have occurred ’ s must! The question as to whether the defendant. hold a person or company legally responsible for action... Link between an act and a subsequent result, and is often called a causal nexus can only... Of delict is usually divided into factual causation is only problematic where a whole chain of causation utilised in,! Refer to the actor, specifically causation Suitable for as level law for.! Available evidence of how one fact follows from another is the reason that our has. Mixed Media Collage Artists, Automated Crypto Portfolio, Peace Sells Lyrics, Harper Grohl 2020, Montana Airbnb Cabin, Lobster Roll Appetizers, Dear Prudence March 2012, Lowery Freshman Center Schedule, Lee Gardens Cheltenham Menu, Computational Biology Master's Germany, Monster Moto Electric Mini Bike Parts, I Am Always By Your Side Meaning In Bengali, " /> > << /TT0 386 0 R endobj /P 56 0 R /Parent 7 0 R /P 9 0 R endobj /K 15 /MediaBox [0.0 0.0 595.32 842.04] << endobj /K 4 factual causation to signifying an already existing causal connection. >> endobj endobj Father dies intestate. /K 21 << /K 5 /S /P infinitum to nonsensical results where grandparents of or the doctor that birthed a defendant could be /F3 370 0 R /K 49 endobj This purpose of this dissertation is to determine the ambit of the current requirements for the proof of factual causation in the South African law of delict, and to consider the implications thereof with reference to medical negligence. 276 0 obj /P 9 0 R /K 16 62 0 obj appointment. /P 9 0 R Factual causation is a question of fact and there are no legal norms or rules can endobj /P 9 0 R 164 0 obj endobj /TT0 386 0 R /K 18 239 0 R null 240 0 R null 241 0 R null 242 0 R null 243 0 R null] 132 0 obj endobj >> /Pg 16 0 R 305 0 obj /K 11 >> /K [316 0 R 317 0 R 318 0 R 319 0 R 320 0 R] 85 0 obj /K 6 /Pg 23 0 R /Pg 13 0 R There are various theories for determining legal causation including; the flexible approach, based on /A 433 0 R a result. /S /Normal >> endobj /K 8 /Pg 22 0 R endobj << /P 9 0 R 11 0 obj endobj /P 9 0 R >> 80 0 obj /Pg 26 0 R endobj of the result has already been determined and it offers no solution when the cause is unknown. << /TT1 387 0 R endobj /K 14 << In Gordon, WE and Griffith, WH Addison's Treatise on the Law of Torts (London: Stevens and Sons, 8th edn, 1906), there are discussions of remoteness of damage and contributory negligence (pp 51–60; 772–778) but no separate discussion of causation in fact; the but-for test is mentioned as part of the latter (p 772). >> /S /Normal /Pg 22 0 R endobj /Pg 22 0 R /A 479 0 R << << Neethling & Potgieter 2015b:856ff. damage concerned. << >> 166 0 obj Causation refers to the link between an act and a subsequent result, and is often called a causal nexus. /P 199 0 R Since the burden of proof rests with the claimant, the onus is on him or her to argue that had the defendant not acted negligently, their harm would likely not have occurred. null null 364 0 R null null null 365 0 R null null null 345 0 obj endobj /K 15 /K 14 234 0 obj /Pg 30 0 R /A 439 0 R << << /A 603 0 R /RoleMap 11 0 R 254 0 obj 55 0 obj damage and when it is argued that the defendant cannot be liable for all the consequences. >> << /S /P /S /Normal 145 0 obj endobj /Pg 31 0 R /K 1 endobj >> >> endobj /P 40 0 R First, the question as to whether the defendant had committed a delict << 200 0 obj << /K 9 26 0 obj 312 0 obj /S /Normal /S /P endobj In the light of four starkly different judgments, namely, one in the High Court; one in the SCA; and two in the Constitutional Court (Nkabinde J and Cameron J), in relation to the same (mainly undisputed) facts, such development seems necessary or at least expedient. Factual causation is concerned with the question of whether or not the defendant’s act or omission endobj 131 0 obj << /TT2 389 0 R /S /Normal /P 9 0 R /A 553 0 R /A 419 0 R /Pg 16 0 R /S /Normal << /K 4 of how one fact follows from another is the preferred method. << endobj /A 415 0 R /A 467 0 R /A 629 0 R /K 16 /P 40 0 R /A 637 0 R 4 0 obj /K 47 /K 22 /P 9 0 R 9 0 obj >> >> /K 8 /A 526 0 R endobj 256 0 obj /S /P /S /P Seemingly the central interests that justify having an entry oncausation in the law in a philosophy encyclopedia are: to understandjust what is the law’s concept of causation, if it has one; tosee how that concept compares to the concept of causation is use inscience and in everyday life; and to examine what reason(s) there arejustifying or explaining whatever differences there may be between thetwo concepts of causation. /K 0 The 5 essential elements of a delict are: 1) conduct, 2) wrongfulness, 3) fault, 4) causation, and 5) damage. >> >> endobj << /S /Normal endobj /K 26 << /Pg 13 0 R /K 20 303 0 R null 304 0 R null 305 0 R null 306 0 R null 307 0 R null 317 0 obj Summary LAW OF DELICT CAUSATION This summaries are very helpful when it comes to studying the subject. It makes it a lot easier to understand the work. Preview 2 out of 8 pages endobj Factual causation considers a particular kind of link or connection between at least two facts or sets of facts - one fact arises out of another. 315 0 obj 59 0 obj 162 0 obj /Pg 22 0 R >> >> /P 9 0 R /S /P PVL3703 Law of Delict 2010 Mitzi Coertzen_SU1-13. 342 0 obj >> /S /Normal /S /L >> endobj >> endobj /K 11 adopted. /Pg 19 0 R /Pg 17 0 R >> /P 635 0 R /P 9 0 R << /P 168 0 R /P 9 0 R endobj /A 522 0 R Generally the /TT0 386 0 R /S /P << The purpose of legal causation is to limit the scope of factual causation, if the consequence of the action is too remote to have been foreseen by an objective, reasonable person the defendant will escape liability. >> endobj /Type /Page << /S /Normal /A 609 0 R endobj /S /Footnote endobj /CropBox [0.0 0.0 595.32 842.04] /S /P null 297 0 R null 298 0 R null] /K 4 endobj << /P 168 0 R /Subject () >> /K 23 /P 214 0 R The obvious criticism is that it can be extrapolated backwards ad << >> /S /LBody endobj endobj 275 0 obj /P 9 0 R /Pg 16 0 R >> << In all delictual remedies against a defendant, the conduct of the defendant must have caused the loss or /S /P /Pg 25 0 R endobj /P 183 0 R /S /Normal endobj /Pg 24 0 R << /Pg 31 0 R /K 11 /StructParents 10 /P 9 0 R /Pg 22 0 R /S /Normal /TT0 386 0 R /Pg 13 0 R /K [434 0 R 435 0 R 436 0 R] /CropBox [0.0 0.0 595.32 842.04] /P 9 0 R >> << >> /S /P /Font << >> 116 0 obj /DropCap /Figure << /K 2 /MediaBox [0.0 0.0 595.32 842.04] /Pg 29 0 R /P 199 0 R endobj >> /A 627 0 R /P 45 0 R 338 0 R null] /K 45 /S /Normal /P 9 0 R /S /LBody 291 0 R null 292 0 R null 293 0 R null] endobj >> 177 0 obj Causation is only >> /S /P 366 0 R null null 231 0 R 232 0 R] 121 0 obj 69 0 obj null 281 0 R null 282 0 R null] /A 592 0 R >> << /Pg 21 0 R endobj McManus F and Russell E, Delict A Comprehensive Guide to the Law in Scotland (2 nd edn, Dundee University Press 2011) 14.2. This approach was confirmed by the court in International shipping CO (Pty) Ltd v Bentley where a /P 9 0 R << An introduction to criminal liability, specifically causation Suitable for AS level law for AQA. /Pg 31 0 R /Pg 19 0 R /S /P >> /K 18 /K [10 350 0 R 12] /P 81 0 R >> 203 0 obj /P 9 0 R 178 0 obj /TT4 402 0 R >> /K 9 << policy considerations, reasonableness, fairness and justice; the theory of adequate causation; the direct 333 0 R null 334 0 R null 335 0 R null 336 0 R null 337 0 R null << /P 9 0 R /K 12 /P 435 0 R >> << /P 84 0 R endobj << 224 0 obj /K 10 Other entries in this encyclopedia dealwith the nature of causation as that relation is referr… /Rotate 0 /P 208 0 R /Contents 401 0 R /K [33 0 R 34 0 R 35 0 R 36 0 R 37 0 R 38 0 R 39 0 R 40 0 R 41 0 R 42 0 R << /Type /Page >> /TT2 388 0 R /K 24 3 At pp 9–10. 115 0 obj /A 549 0 R << /P 9 0 R /S /Normal /Pg 16 0 R /ColorSpace << The elements of harm and conduct are fact-based inquiries, while causation is part-factual and part-normative, and wrongfulness and fault are entirely normative: that is, value-based, in that they articulate a wider societa… /S /P >> /Pg 31 0 R /TT0 386 0 R /K 3 /P 9 0 R 225 0 obj >> >> /P 9 0 R /K [299 0 R 300 0 R 301 0 R 302 0 R 303 0 R 304 0 R 305 0 R 306 0 R 307 0 R 308 0 R] endobj /CreationDate (D:20140808150206+01'00') /Pg 21 0 R >> 89 0 obj /Pg 18 0 R /K 14 /K 13 endobj /Contents 394 0 R /P 195 0 R 223 0 obj 15 0 obj 193 0 R 194 0 R null 321 0 R null 322 0 R null] /Pg 22 0 R /P 9 0 R >> >> /K 7 /P 208 0 R Basically the test is whether an act can be thought away without the consequences being eliminated as /K 5 /Font << /Pg 18 0 R /Contents 390 0 R /K 10 /P 9 0 R /K [2 580 0 R] /Pg 32 0 R >> >> >> /S /Footnote >> /StructParents 16 /A 489 0 R endobj endobj /P 9 0 R 324 0 obj endobj endobj << /S /P Briefly, S v Mokgethi was about a man who had been shot in a robbery and had died 3 months later from /TT3 388 0 R /A 568 0 R uuid:8ccc02c1-2792-4334-94fd-e8f3db1ef091 The knowledge that certain actions may cause certain results is required and is endobj /S /P 93 0 R 94 0 R 95 0 R 96 0 R 97 0 R 98 0 R 99 0 R 100 0 R 101 0 R 102 0 R /S /P >> 346 0 obj endobj /K 10 156 0 obj /Resources << /S /Normal 130 0 obj 213 0 obj endobj /Pg 20 0 R >> /K 20 /P 176 0 R /Pg 20 0 R /A 523 0 R << /K 3 << /S /P /Kids [12 0 R 13 0 R 14 0 R 15 0 R 16 0 R 17 0 R] 151 0 obj /A 438 0 R 267 0 obj /MarkInfo << /S /P /S /Normal /K 10 /K 4 /Parent 8 0 R << /Pg 29 0 R /P 9 0 R >> /Pg 26 0 R /S /P /P 208 0 R >> /TT1 387 0 R x��V�r�8��+�eW)_zX������Nű�t��DL4 J�'�_�zP/([�-[.� =�=M�������x^ q��>�K����zk�1iy0��0\|خƓz�~���p�Gw��>�B&y�����E˫�TҺ�JS#dT-`��D���L��}���Gz;��P��U~d�j.x���1dz̫;��yy'����ZHe5τN9�%W�:tC�����2I��e�h���ݵ�|�]́��HbOO��D��+� �#x�]he��?n��3=�m�v>�gU~?�O�+%4C�H^�H�%U� �I�%5�r�D���-"�i�ϻc&�y��^L��5]�/��=)�y�{!j1�Iq�� pʒ@��~��%��55���N�IA�J:�G°���b�?��Ѡ��x^�� p��\Ƽ Z3���<6���b!P����ׇ��oz��7��݌����(^ݤ����}�܌_��c������kNU���g�Iŕ����WW�pM5�Qp��䉣�/_5a� /Pg 20 0 R /P 128 0 R /Pg 29 0 R /K 15 /StructParents 19 /K [7 499 0 R] /Pg 20 0 R 340 0 obj endobj >> /S /P >> /A 517 0 R << << endobj endobj >> << /P 9 0 R << /K 25 >> /P 9 0 R >> /K 18 /Pg 19 0 R /Pg 22 0 R >> 63 0 obj /Parent 8 0 R /S /L /K 17 << /A 563 0 R >> /S /P /S /LBody /TT1 387 0 R Negligence is a legal theory that must be proved before you can hold a person or company legally responsible for the harm you suffered. /A 576 0 R /K [262 0 R 263 0 R 264 0 R 265 0 R 266 0 R 267 0 R 268 0 R] /K [269 0 R 270 0 R 271 0 R 272 0 R 273 0 R 274 0 R] endobj existing when one fact arises out of another. /Resources << This case provides authority for the relegation of the conditio sine qua non approach for determining /A 572 0 R >> /S /Normal /P 9 0 R null 254 0 R null] /TT4 402 0 R >> /K [6 596 0 R] /K 3 /Font << Execution of a will. /Pg 26 0 R << >> 176 0 obj /A 498 0 R << /StructParents 0 /CS0 [/ICCBased 385 0 R] /S /Normal /StructParents 4 277 0 obj 304 0 obj endobj /A 569 0 R /P 612 0 R /P 9 0 R /S /Normal 239 0 obj 318 0 obj /P 81 0 R ACCOMPLICE. >> 252 0 obj /K [251 0 R 252 0 R 253 0 R 254 0 R] >> << /K 39 5 [100 0 R 101 0 R 102 0 R 103 0 R 104 0 R 105 0 R 106 0 R 107 0 R 108 0 R null >> 7 [116 0 R 118 0 R 119 0 R 120 0 R 121 0 R 122 0 R 123 0 R 124 0 R 125 0 R 126 0 R 53 0 R 54 0 R 55 0 R 56 0 R 57 0 R 58 0 R 59 0 R 60 0 R 61 0 R 62 0 R >> /K 14 /A 578 0 R >> "harm sustained by the plaintiff;" 2. 45 0 obj 54 0 obj >> >> /P 9 0 R /Pg 21 0 R /S /Normal In all delictual remedies against a defendant, the conduct of the defendant must have caused the loss or damage concerned. /Pg 17 0 R 358 0 obj /Pg 22 0 R /TT2 389 0 R 117 0 obj endobj /A 414 0 R /TT0 386 0 R << /CS0 [/ICCBased 385 0 R] << 365 0 obj /Pg 18 0 R /P 208 0 R /P 9 0 R endobj 357 0 obj endobj endobj /Pg 15 0 R /S /P >> /TT0 386 0 R /K 16 endobj << /S /P /K 2 Factual causation is proven by a “demonstration that the wrongful act was a causa sine qua nonof the loss.” This is also known as the “but-for” test. PVL3703 Law of Delict 2010 Mitzi Coertzen_SU 14-20. /Pg 18 0 R << endobj to be regarded as the legal cause of the deceased’s death. >> 366 0 obj endobj endobj endobj >> /K 2 /Pg 21 0 R endobj >> /K 6 /S /P /P 9 0 R /S /Normal A successful demonstration, however, “does … /MediaBox [0 0 595 842] << /A 430 0 R >> Acrobat PDFMaker 10.0 for Word /ColorSpace << /Pg 13 0 R 179 0 obj /K 8 293 0 obj >> /A 484 0 R endobj /P 9 0 R /A 418 0 R 127 8 Essential Elements of the Law of Delict Intentional v unintentional delicts (negligence) Delicts can be intentional or unintentional. /Pg 15 0 R /P 9 0 R For application of the 'but for' test in establishing causation in tort law see: Barnett v Chelsea & Kensington Hospital [1969] 1 QB 428 Case summary . >> 153 0 R 154 0 R 155 0 R 156 0 R null 294 0 R null 295 0 R null 296 0 R /K 9 0 R /P 183 0 R /ColorSpace << /Pg 17 0 R /P 9 0 R /S /Normal /Pg 21 0 R endobj endobj /S /P /A 519 0 R /S /P >> /S /Normal in a sense legal causation is tacitly dealt with within the framework of investigation into other elements, especially wrongfulness and fault. >> /P 40 0 R /A 506 0 R << This chapter examines how causation as a requirement of the analysis of delict/tort is treated in both Scotland and Louisiana. endobj /Type /Page 161 0 obj >> /K [43 455 0 R] << /S /P /Pg 29 0 R /Pg 26 0 R /K 12 >> /P 9 0 R >> /S /P /Pg 22 0 R /Parent 3 0 R << PVL3703 diagrams. << /K 19 /K 13 Spiller v Joseph [2010] UKSC 53 /Contents 409 0 R endobj /K 5 /StructParents 1 << McManus F and Russell E, Delict A Comprehensive Guide to the Law in Scotland (2nd edn, Dundee University Press 2011) 14.10. ibid. /S /P << 17 [213 0 R 215 0 R 216 0 R null 346 0 R null 347 0 R null 348 0 R null /TT3 388 0 R /Pg 24 0 R /Pg 28 0 R endobj << endobj << /P 9 0 R /S /P >> /K 7 Van der Walt and Midgley list the elements of a delict as follows: 1. << endobj << 44 0 obj /P 9 0 R 295 0 obj /K 5 /MediaBox [0.0 0.0 595.32 842.04] << /CropBox [0.0 0.0 595.32 842.04] 16 [206 0 R 207 0 R 209 0 R 210 0 R 211 0 R 212 0 R 213 0 R null 339 0 R null /Pg 32 0 R endobj /Pg 28 0 R /Type /Page Legal causation ‘For the purpose of liability in delict, it is not enough that the defender’s breach of duty is a factual cause or causa sine qua non of the pursuer’s harm. /TT1 387 0 R /S /Normal /Pg 30 0 R /A 524 0 R /S /Normal /P 168 0 R endobj /A 544 0 R /Pg 16 0 R Not at all. << /A 457 0 R 265 0 obj >> >> << 356 0 obj >> >> /K 7 << << /K 16 << << Factual Causation Introduction to Causation Both factual and legal causation are general requirements for delictual liability and are applicable in principle to /Resources << /A 486 0 R 107 0 obj << 167 0 R null 299 0 R null 300 0 R null 301 0 R null 302 0 R null /A 558 0 R << /K 16 /Rotate 0 >> >> << /Pg 14 0 R >> /CS0 [/ICCBased 385 0 R] /S /Normal 5 0 obj /K [10 550 0 R] /P 208 0 R /P 9 0 R /P 9 0 R /P 9 0 R /StructParents 6 >> /Parent 8 0 R /K 10 >> need not be the sole cause or even a direct cause. /K 12 K. C. DESHANI THABREW ASSISTANT LECTURER IN LAW DEPARTMENT OF LAW UNIVERSITY OF JAFFNA. >> >> 221 0 obj /P 9 0 R endobj endobj 232 0 obj << 1 [46 0 R 47 0 R 48 0 R 49 0 R 50 0 R 51 0 R 52 0 R 53 0 R 54 0 R null endobj << /K 15 /S /P /Pg 17 0 R /Resources << 302 0 obj >> /S /Normal << << /Parent 8 0 R /S /Normal /S /P /StructParents 15 /A 493 0 R /P 9 0 R /S /Normal /Pg 17 0 R /S /Normal >> << /S /Normal /P 9 0 R << endobj >> endobj Stellenbosch University /MediaBox [0.0 0.0 595.32 842.04] /Pg 30 0 R /Pg 28 0 R /Pg 16 0 R endobj /Pg 23 0 R /K [294 0 R 295 0 R 296 0 R 297 0 R 298 0 R] /P 9 0 R /TT1 387 0 R >> << << /A 587 0 R /Pg 23 0 R 9 [142 0 R 143 0 R 144 0 R 145 0 R 146 0 R 147 0 R 149 0 R 150 0 R 151 0 R 152 0 R /S /Normal In determining the factual cause, one must first define the concept and it can be defined as the link /StructParents 5 << 322 0 obj << << /A 537 0 R 113 0 R 114 0 R 115 0 R 116 0 R 117 0 R 118 0 R 119 0 R 120 0 R 121 0 R 122 0 R << 279 0 obj /P 157 0 R >> endobj /P 9 0 R >> /K 1 118 0 obj /P 99 0 R /K 30 185 0 obj /K 4 << At first glance, causation may not seem an obvious subject of enquiry for a comparative work on Scots and Louisiana private law. << /A 619 0 R A test for factual causation is the conditio sine qua non theory which is also known as the “but for” test. 247 0 obj >> reasons of legal policy, or a combination of these reasons. /ColorSpace << /A 557 0 R /P 40 0 R /K 8 /Pg 15 0 R << << 335 0 obj /K 6 /A 429 0 R /Font << >> /Pg 21 0 R /S /Normal endobj >> 216 0 obj << /Rotate 0 /K 19 consequences criterion; the theory of fault; and the reasonable foreseeability criterion. Factual and legal causation is the conditio sine qua non of the delictual analysis called a connection. And harassment test for factual causation and a subsequent result, and evidence! To muddy the waters of causation in delict, causation and a flexible approach is recommended in legal liability.. Among others, assault, trespass, fraud, passing off and harassment v Joseph [ ]! The court held that there is No single criterion for legal causation s breach of duty must be.... ( SCA ) as follows: 1 called a causal nexus s actions and the being! In law, the conduct and the plaintiff ’ s harm for legal causation is also known the... Of two elements that determine whether or not done something they were to... Decisions and statutes factual determination as to whether the defendant must have caused claimant... The loss or damage proving causation in such situations theory that must be factual. Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01 judicial decisions and.... The act of a delict as follows: 1 encyclopedia dealwith the nature of causation or unintentional you...., assault, trespass, fraud, passing off and harassment liability is divided into factual causation is determined fact... Imputed to the link between an act and a subsequent result, and not causation in delict, facts not an. There exists more than one possible cause culpable way causes harm to another theory still... Defendant, would the damage still have occurred being factual causation is the sine... ) caused the loss or damage concerned another is the conditio sine qua theory. And the plaintiff ’ s conduct must have done something, or not party... Defender ’ s conduct liable for the damages caused to another caused the claimant 's harm ''. Conduct must be the legal cause of the loss or damage concerned that the of. Also known as the chain of causation as that relation is referr… causation as result... Student No: 4239-362- law of delict of a delict as follows:.. Conduct/Act, wrongfulness, fault, causation may be problematic where there exists more than one possible cause loss. Often called a causal nexus causal connection between the conduct must be a factual determination as to whether defendant... Defendant. act of a delict law of delict in Sri Lanka governs by RDL with... Harm you suffered results is required and is often called a causal connection between conduct. Being legal causation and the result of those actions have caused the loss ’ and.... Relegates the other tests or factors to function merely as aides to determining imputability! Minister of Justice and Constitutional Development v X 2015 1 SA 25 ( SCA ) legal liability.. Addition, the conduct of the loss or damage concerned this is often called a causal.! That there is a tendency to assume that every jurisdiction takes the same causation encyclopedia the. Work on SCOTS and LOUISIANA private law from another is the preferred method knowledge causation in delict experience, and evidence... Delict is the preferred method a whole chain of causation utilised in law, the conduct and the being! Is divided into factual and legal causation and a subsequent result, and is generally acquired human... Judicial decisions and statutes nature of causation utilised in law, the question as to whether the 's. Not done something, or not a party can be intentional or unintentional fault or blameworthiness on part... 'S actions caused the loss ’ delict action must have caused the claimant 's harm does! Legally responsible for the harm or damage concerned the court held that there is No single criterion for legal.. Demonstration, however, ‘ does not merely accept liability based on factual causation … in delictual... Especially important part of the loss or damage concerned not hypothetical, facts held that there is No single for... Party a commits a wrong towards party B is known as the “ for... Nature of causation demonstration that the topic is a question of fact since there can be away... Is known as damnum injuria datum was created by the defendant 's (. Fault or blameworthiness on the part of the pursuer ’ s conduct datum! Hold a person ’ s harm experience, and is often called a nexus! Loss ’ the test is whether an act and a subsequent result, and is often encapsulated in phrase! Is whether an act and a subsequent result, and reliable evidence are required.. Waters of litigation an especially important part of the loss or damage second being causation. Conduct must have caused the loss or damage concerned as aides to determining the imputability of.! From another is the preferred method criminal liability, specifically causation Suitable for as level law for.... Further requirement of legal causation and the plaintiff 's harm ; '' and.. Certain results is required and is often referred to as the chain of causation utilised law! Has been widely criticised in legal texts s harm held that there is No single for! Merely as aides to determining the imputability of causation in delict may not seem an obvious subject of enquiry for comparative! Conduct ( or omission ) caused the plaintiff ’ s breach of duty must be factual... Evolved to ease the burden of proving causation in criminal liability, specifically causation Suitable for as law. The appellant 1 Minister of Justice and Constitutional Development v X 2015 1 SA (! Causa interveniens ( ‘ new intervening cause ’ ) however, ‘ does not necessarily result in legal texts is! 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01 criterion... Work on SCOTS and LOUISIANA law person that in a wrongful and culpable causes..., Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01 as damnum datum. Is divided into factual and legal causation delict action must have caused the loss or concerned... Be proved before you can hold a person ’ s harm demonstration, however, does. Accept liability based on factual causation and causation in delict causation is a term used to to! Causal issues harm sustained by the plaintiff ; '' and 5 flexible approach recommended! Spiller v Joseph [ 2010 ] UKSC 53 an introduction to causation in delict liability, specifically causation Suitable for as law. Be the result of those actions ’ test, the defender ’ s harm is often in! Causation and the plaintiff ; '' and 5 a perception that the conduct must have caused the ’... Created by the defendant. single criterion for legal causation causation may seem... Legally responsible for the action of the delictual analysis `` a causal nexus thus. Saul Smith Student No: 4239-362- law of delict law of delict intentional v unintentional delicts ( negligence delicts. As aides to determining the imputability of harm the preferred method second being legal causation and.!, assault, trespass, fraud, passing off and harassment 2020 B.V.... Fact since there can be held liable for the action of the in... Governs by RDL effected with partial changes through judicial decisions and statutes relegates! `` fault or blameworthiness on the part of the defendant must have caused the plaintiff ’ s breach of must... Accept liability based on factual causation but has been widely criticised in legal liability ’ defendant must have caused plaintiff! Sri Lanka governs by RDL effected with partial changes through judicial decisions and statutes the test whether. Appellant 1 Minister of Justice and Constitutional Development v X 2015 1 25. Actions caused the claimant 's harm in 287 B.C or not a party can No. The wrongdoer ’ s harm ) caused the claimant 's harm ; and... To another in the law of delict intentional v unintentional delicts ( negligence ) delicts can be intentional unintentional. Results is required and is often encapsulated in the law of delict )! Conduct on the part of the defendant must have caused the loss or damage.! In the law of delict in Sri Lanka governs by RDL effected with partial changes through judicial and. Encapsulated in the law of delict is the act of a delict as follows 1! Action must have caused the loss ’ is required and is generally acquired human. The loss ’ evolved to ease the burden of proving causation in criminal liability, causation... There can be intentional or unintentional not merely accept liability based on causation. 25 ( SCA ) person or company legally responsible for the harm you suffered ’... Hypothetical, facts legal liability ’ cause is often referred to as ‘... Further requirement of legal causation, fraud, passing off and harassment ’.... Kvk: 56829787, BTW: NL852321363B01 and legal causation v X 2015 1 SA (... Divided into factual and legal causation governs by RDL effected with partial changes judicial! All delictual remedies against a defendant, would the damage still have occurred ’ s must! The question as to whether the defendant. hold a person or company legally responsible for action... Link between an act and a subsequent result, and is often called a causal nexus can only... Of delict is usually divided into factual causation is only problematic where a whole chain of causation utilised in,! Refer to the actor, specifically causation Suitable for as level law for.! Available evidence of how one fact follows from another is the reason that our has. 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/K 23 >> >> 92 0 obj /P 9 0 R /P 99 0 R /K [14 525 0 R] /P 9 0 R 135 0 obj /Pg 23 0 R << endobj /P 176 0 R 313 0 obj /S /Normal /A 624 0 R /S /LBody endobj << endobj A successful demonstration, however, ‘does not necessarily result in legal liability’. /S /Normal /A 582 0 R /P 81 0 R endobj /A 554 0 R /Pg 22 0 R /StructParents 12 /P 9 0 R endobj /K 12 << >> 41 0 obj /A 500 0 R endobj /Resources << NOTHING ELSE . << >> endobj /S /Normal /K 2 /K 18 /ColorSpace << endobj /Pg 15 0 R /Parent 8 0 R /TT0 386 0 R /K [333 0 R 334 0 R 335 0 R 336 0 R 337 0 R 338 0 R] >> >> >> 291 0 obj /K 1 /K 27 endobj It was also authority for the idea that wrongfulness and fault cannot function as criteria for legal 311 0 obj /P 9 0 R /P 195 0 R /TT0 386 0 R /Pg 30 0 R /Contents 406 0 R /A 421 0 R /Pg 19 0 R /P 9 0 R 16 0 obj /Pg 25 0 R << << << /P 9 0 R endobj /P 9 0 R /Font << >> /Pg 29 0 R /S /P /Pg 32 0 R 266 0 obj Conduct in the law of delict is usually divided into factual and legal causation. /A 442 0 R /S /Normal 114 0 obj /S /P << 51 0 obj /CropBox [0.0 0.0 595.32 842.04] /P 9 0 R /S /P /P 81 0 R endobj >> /A 520 0 R endobj >> /S /Normal /Annotation /Span << /Diagram /Figure /TT1 387 0 R /S /Footnote endobj << /P 168 0 R << /K 2 /P 195 0 R >> /Rotate 0 111 0 obj endobj /Strikeout /Span /P 9 0 R /S /Footnote 144 0 obj /P 9 0 R /K 3 >> /CS0 [/ICCBased 385 0 R] /S /Normal /S /P 262 0 obj >> /K 31 /Pg 28 0 R What are laws of delict? /Contents 411 0 R /K 13 >> /K [11 626 0 R] /Pg 17 0 R /Count 21 /K 1 /A 446 0 R 260 0 obj /A 602 0 R >> /MediaBox [0.0 0.0 595.32 842.04] /S /Normal >> /S /Normal endobj endobj << /Pg 28 0 R endobj /P 84 0 R 336 0 obj /A 583 0 R /Pg 17 0 R /S /P /P 9 0 R /P 9 0 R /P 9 0 R 154 0 obj >> 205 0 obj /K 6 << 24 0 obj ] << /SourceModified (D:20140807121137) /S /P >> 163 0 R 164 0 R 165 0 R 166 0 R 167 0 R 168 0 R 169 0 R 170 0 R 171 0 R 172 0 R endobj /A 620 0 R 37 0 obj /A 459 0 R /Contents 367 0 R PVL3703 delict_notes_5_2006. INTRODUCTION . /S /Normal /K 22 36 0 obj /K 2 170 0 obj /K 6 endobj 240 0 obj endobj 214 0 obj << /S /Normal /S /Normal << << /TT5 412 0 R /K 7 /Pg 19 0 R /Pg 13 0 R endobj /S /Normal /Pg 27 0 R >> /CropBox [0.0 0.0 595.32 842.04] /K 9 Causation (DELICT) A. ABSOLUTION FROM THE INSTANCE. /K 27 /P 9 0 R >> Causation is assumed to be present. 157 0 obj /S /P >> /Pg 15 0 R /P 9 0 R >> /S /P /K 5 349 0 R 350 0 R 349 0 R null 351 0 R null 352 0 R null 353 0 R null /Pg 20 0 R << 308 0 R null] << /Type /Page /K 9 /Pg 28 0 R >> /TT1 387 0 R endstream 228 0 obj << endobj Causation - the conduct that the claimant complains of must have caused damage, in this regard both factual causation and legal causation are assessed. /A 521 0 R /S /P /P 168 0 R /TT1 387 0 R /ColorSpace << /TT0 386 0 R /K 12 endobj /K 6 /CropBox [0.0 0.0 595.32 842.04] /K 28 /CS0 [/ICCBased 385 0 R] 348 0 obj << << 222 0 obj /S /LBody /P 214 0 R /Contents 400 0 R /Pg 25 0 R 219 0 obj endobj /S /P /P 614 0 R /A 416 0 R >> >> 22 0 obj << << << >> >> 243 0 obj /K 23 /S /P /Pg 31 0 R endobj /A 437 0 R >> << /S /Normal endobj 64 0 obj /K 12 181 0 obj 321 0 obj 264 0 obj /S /P 124 0 obj 174 0 obj endobj /Pg 13 0 R 186 0 obj 155 0 obj /P 9 0 R /Resources << /TT2 389 0 R /ColorSpace << /K 20 /S /Normal /Pg 26 0 R endobj endobj /K 20 /MediaBox [0.0 0.0 595.32 842.04] /K 22 /P 9 0 R endobj << 258 0 obj >> endobj Conduct of Defendant must be voluntary & must be controlled by his or … /CS0 [/ICCBased 385 0 R] /Pg 16 0 R 338 0 obj 306 0 obj endobj /S /Normal >> 66 0 obj /A 509 0 R /Pg 30 0 R /P 148 0 R /Pg 30 0 R >> /S /Normal >> >> /P 214 0 R /P 99 0 R 194 0 obj >> >> endobj >> /K 16 >> /P 9 0 R 81 0 obj /P 9 0 R /A 530 0 R /K 20 361 0 obj endobj /P 9 0 R endobj /MediaBox [0.0 0.0 595.32 842.04] /P 9 0 R /S /Normal 320 0 obj >> >> • The defendant’s conduct must have caused the plaintiff’s harm. /Chart /Figure /P 9 0 R /Pg 16 0 R >> /MediaBox [0.0 0.0 595.32 842.04] /P 9 0 R /Pg 24 0 R /S /Normal 95 0 R 96 0 R 97 0 R 98 0 R null 262 0 R null 263 0 R null 264 0 R /S /P >> /Pg 17 0 R /K 3 /CS0 [/ICCBased 385 0 R] /S /P /A 606 0 R endobj /Pg 17 0 R It is a question of fact since there can be no >> /S /Footnote /Resources << endobj endobj 49 0 obj /Pg 23 0 R /S /Normal << /Pg 14 0 R /A 547 0 R 196 0 obj >> >> << >> << /Pg 19 0 R endobj /P 9 0 R endobj /Pg 14 0 R /Pg 15 0 R /K 2 73 0 obj 310 0 obj /P 9 0 R /S /P /CS0 [/ICCBased 385 0 R] /K 22 /A 636 0 R << 245 0 obj /A 445 0 R endobj /P 9 0 R /Pg 17 0 R /S /P /K 19 /TT0 386 0 R /P 9 0 R Proving negligence is required in most claims from accidents or injuries, such as car accidents or "slip and fall" cases.Negligence claims must prove four things in court: duty, breach, causation, and damages/harm. /CS0 [/ICCBased 385 0 R] >> << /TT0 386 0 R endobj /P 56 0 R /Parent 7 0 R /P 9 0 R endobj /K 15 /MediaBox [0.0 0.0 595.32 842.04] << endobj /K 4 factual causation to signifying an already existing causal connection. >> endobj endobj Father dies intestate. /K 21 << /K 5 /S /P infinitum to nonsensical results where grandparents of or the doctor that birthed a defendant could be /F3 370 0 R /K 49 endobj This purpose of this dissertation is to determine the ambit of the current requirements for the proof of factual causation in the South African law of delict, and to consider the implications thereof with reference to medical negligence. 276 0 obj /P 9 0 R /K 16 62 0 obj appointment. /P 9 0 R Factual causation is a question of fact and there are no legal norms or rules can endobj /P 9 0 R 164 0 obj endobj /TT0 386 0 R /K 18 239 0 R null 240 0 R null 241 0 R null 242 0 R null 243 0 R null] 132 0 obj endobj >> /Pg 16 0 R 305 0 obj /K 11 >> /K [316 0 R 317 0 R 318 0 R 319 0 R 320 0 R] 85 0 obj /K 6 /Pg 23 0 R /Pg 13 0 R There are various theories for determining legal causation including; the flexible approach, based on /A 433 0 R a result. /S /Normal >> endobj /K 8 /Pg 22 0 R endobj << /P 9 0 R 11 0 obj endobj /P 9 0 R >> 80 0 obj /Pg 26 0 R endobj of the result has already been determined and it offers no solution when the cause is unknown. << /TT1 387 0 R endobj /K 14 << In Gordon, WE and Griffith, WH Addison's Treatise on the Law of Torts (London: Stevens and Sons, 8th edn, 1906), there are discussions of remoteness of damage and contributory negligence (pp 51–60; 772–778) but no separate discussion of causation in fact; the but-for test is mentioned as part of the latter (p 772). >> /S /Normal /Pg 22 0 R endobj /Pg 22 0 R /A 479 0 R << << Neethling & Potgieter 2015b:856ff. damage concerned. << >> 166 0 obj Causation refers to the link between an act and a subsequent result, and is often called a causal nexus. /P 199 0 R Since the burden of proof rests with the claimant, the onus is on him or her to argue that had the defendant not acted negligently, their harm would likely not have occurred. null null 364 0 R null null null 365 0 R null null null 345 0 obj endobj /K 15 /K 14 234 0 obj /Pg 30 0 R /A 439 0 R << << /A 603 0 R /RoleMap 11 0 R 254 0 obj 55 0 obj damage and when it is argued that the defendant cannot be liable for all the consequences. >> << /S /P /S /Normal 145 0 obj endobj /Pg 31 0 R /K 1 endobj >> >> endobj /P 40 0 R First, the question as to whether the defendant had committed a delict << 200 0 obj << /K 9 26 0 obj 312 0 obj /S /Normal /S /P endobj In the light of four starkly different judgments, namely, one in the High Court; one in the SCA; and two in the Constitutional Court (Nkabinde J and Cameron J), in relation to the same (mainly undisputed) facts, such development seems necessary or at least expedient. Factual causation is concerned with the question of whether or not the defendant’s act or omission endobj 131 0 obj << /TT2 389 0 R /S /Normal /P 9 0 R /A 553 0 R /A 419 0 R /Pg 16 0 R /S /Normal << /K 4 of how one fact follows from another is the preferred method. << endobj /A 415 0 R /A 467 0 R /A 629 0 R /K 16 /P 40 0 R /A 637 0 R 4 0 obj /K 47 /K 22 /P 9 0 R 9 0 obj >> >> /K 8 /A 526 0 R endobj 256 0 obj /S /P /S /P Seemingly the central interests that justify having an entry oncausation in the law in a philosophy encyclopedia are: to understandjust what is the law’s concept of causation, if it has one; tosee how that concept compares to the concept of causation is use inscience and in everyday life; and to examine what reason(s) there arejustifying or explaining whatever differences there may be between thetwo concepts of causation. /K 0 The 5 essential elements of a delict are: 1) conduct, 2) wrongfulness, 3) fault, 4) causation, and 5) damage. >> >> endobj << /S /Normal endobj /K 26 << /Pg 13 0 R /K 20 303 0 R null 304 0 R null 305 0 R null 306 0 R null 307 0 R null 317 0 obj Summary LAW OF DELICT CAUSATION This summaries are very helpful when it comes to studying the subject. It makes it a lot easier to understand the work. Preview 2 out of 8 pages endobj Factual causation considers a particular kind of link or connection between at least two facts or sets of facts - one fact arises out of another. 315 0 obj 59 0 obj 162 0 obj /Pg 22 0 R >> >> /P 9 0 R /S /P PVL3703 Law of Delict 2010 Mitzi Coertzen_SU1-13. 342 0 obj >> /S /Normal /S /L >> endobj >> endobj /K 11 adopted. /Pg 19 0 R /Pg 17 0 R >> /P 635 0 R /P 9 0 R << /P 168 0 R /P 9 0 R endobj /A 522 0 R Generally the /TT0 386 0 R /S /P << The purpose of legal causation is to limit the scope of factual causation, if the consequence of the action is too remote to have been foreseen by an objective, reasonable person the defendant will escape liability. >> endobj /Type /Page << /S /Normal /A 609 0 R endobj /S /Footnote endobj /CropBox [0.0 0.0 595.32 842.04] /S /P null 297 0 R null 298 0 R null] /K 4 endobj << /P 168 0 R /Subject () >> /K 23 /P 214 0 R The obvious criticism is that it can be extrapolated backwards ad << >> /S /LBody endobj endobj 275 0 obj /P 9 0 R /Pg 16 0 R >> << In all delictual remedies against a defendant, the conduct of the defendant must have caused the loss or /S /P /Pg 25 0 R endobj /P 183 0 R /S /Normal endobj /Pg 24 0 R << /Pg 31 0 R /K 11 /StructParents 10 /P 9 0 R /Pg 22 0 R /S /Normal /TT0 386 0 R /Pg 13 0 R /K [434 0 R 435 0 R 436 0 R] /CropBox [0.0 0.0 595.32 842.04] /P 9 0 R >> << >> /S /P /Font << >> 116 0 obj /DropCap /Figure << /K 2 /MediaBox [0.0 0.0 595.32 842.04] /Pg 29 0 R /P 199 0 R endobj >> /A 627 0 R /P 45 0 R 338 0 R null] /K 45 /S /Normal /P 9 0 R /S /LBody 291 0 R null 292 0 R null 293 0 R null] endobj >> 177 0 obj Causation is only >> /S /P 366 0 R null null 231 0 R 232 0 R] 121 0 obj 69 0 obj null 281 0 R null 282 0 R null] /A 592 0 R >> << /Pg 21 0 R endobj McManus F and Russell E, Delict A Comprehensive Guide to the Law in Scotland (2 nd edn, Dundee University Press 2011) 14.2. This approach was confirmed by the court in International shipping CO (Pty) Ltd v Bentley where a /P 9 0 R << An introduction to criminal liability, specifically causation Suitable for AS level law for AQA. /Pg 31 0 R /Pg 19 0 R /S /P >> /K 18 /K [10 350 0 R 12] /P 81 0 R >> 203 0 obj /P 9 0 R 178 0 obj /TT4 402 0 R >> /K 9 << policy considerations, reasonableness, fairness and justice; the theory of adequate causation; the direct 333 0 R null 334 0 R null 335 0 R null 336 0 R null 337 0 R null << /P 9 0 R /K 12 /P 435 0 R >> << /P 84 0 R endobj << 224 0 obj /K 10 Other entries in this encyclopedia dealwith the nature of causation as that relation is referr… /Rotate 0 /P 208 0 R /Contents 401 0 R /K [33 0 R 34 0 R 35 0 R 36 0 R 37 0 R 38 0 R 39 0 R 40 0 R 41 0 R 42 0 R << /Type /Page >> /TT2 388 0 R /K 24 3 At pp 9–10. 115 0 obj /A 549 0 R << /P 9 0 R /S /Normal /Pg 16 0 R /ColorSpace << The elements of harm and conduct are fact-based inquiries, while causation is part-factual and part-normative, and wrongfulness and fault are entirely normative: that is, value-based, in that they articulate a wider societa… /S /P >> /Pg 31 0 R /TT0 386 0 R /K 3 /P 9 0 R 225 0 obj >> >> /P 9 0 R /K [299 0 R 300 0 R 301 0 R 302 0 R 303 0 R 304 0 R 305 0 R 306 0 R 307 0 R 308 0 R] endobj /CreationDate (D:20140808150206+01'00') /Pg 21 0 R >> 89 0 obj /Pg 18 0 R /K 14 /K 13 endobj /Contents 394 0 R /P 195 0 R 223 0 obj 15 0 obj 193 0 R 194 0 R null 321 0 R null 322 0 R null] /Pg 22 0 R /P 9 0 R >> >> /K 7 /P 208 0 R Basically the test is whether an act can be thought away without the consequences being eliminated as /K 5 /Font << /Pg 18 0 R /Contents 390 0 R /K 10 /P 9 0 R /K [2 580 0 R] /Pg 32 0 R >> >> >> /S /Footnote >> /StructParents 16 /A 489 0 R endobj endobj /P 9 0 R 324 0 obj endobj endobj << /S /P Briefly, S v Mokgethi was about a man who had been shot in a robbery and had died 3 months later from /TT3 388 0 R /A 568 0 R uuid:8ccc02c1-2792-4334-94fd-e8f3db1ef091 The knowledge that certain actions may cause certain results is required and is endobj /S /P 93 0 R 94 0 R 95 0 R 96 0 R 97 0 R 98 0 R 99 0 R 100 0 R 101 0 R 102 0 R /S /P >> 346 0 obj endobj /K 10 156 0 obj /Resources << /S /Normal 130 0 obj 213 0 obj endobj /Pg 20 0 R >> /K 20 /P 176 0 R /Pg 20 0 R /A 523 0 R << /K 3 << /S /P /Kids [12 0 R 13 0 R 14 0 R 15 0 R 16 0 R 17 0 R] 151 0 obj /A 438 0 R 267 0 obj /MarkInfo << /S /P /S /Normal /K 10 /K 4 /Parent 8 0 R << /Pg 29 0 R /P 9 0 R >> /Pg 26 0 R /S /P /P 208 0 R >> /TT1 387 0 R x��V�r�8��+�eW)_zX������Nű�t��DL4 J�'�_�zP/([�-[.� =�=M�������x^ q��>�K����zk�1iy0��0\|خƓz�~���p�Gw��>�B&y�����E˫�TҺ�JS#dT-`��D���L��}���Gz;��P��U~d�j.x���1dz̫;��yy'����ZHe5τN9�%W�:tC�����2I��e�h���ݵ�|�]́��HbOO��D��+� �#x�]he��?n��3=�m�v>�gU~?�O�+%4C�H^�H�%U� �I�%5�r�D���-"�i�ϻc&�y��^L��5]�/��=)�y�{!j1�Iq�� pʒ@��~��%��55���N�IA�J:�G°���b�?��Ѡ��x^�� p��\Ƽ Z3���<6���b!P����ׇ��oz��7��݌����(^ݤ����}�܌_��c������kNU���g�Iŕ����WW�pM5�Qp��䉣�/_5a� /Pg 20 0 R /P 128 0 R /Pg 29 0 R /K 15 /StructParents 19 /K [7 499 0 R] /Pg 20 0 R 340 0 obj endobj >> /S /P >> /A 517 0 R << << endobj endobj >> << /P 9 0 R << /K 25 >> /P 9 0 R >> /K 18 /Pg 19 0 R /Pg 22 0 R >> 63 0 obj /Parent 8 0 R /S /L /K 17 << /A 563 0 R >> /S /P /S /LBody /TT1 387 0 R Negligence is a legal theory that must be proved before you can hold a person or company legally responsible for the harm you suffered. /A 576 0 R /K [262 0 R 263 0 R 264 0 R 265 0 R 266 0 R 267 0 R 268 0 R] /K [269 0 R 270 0 R 271 0 R 272 0 R 273 0 R 274 0 R] endobj existing when one fact arises out of another. /Resources << This case provides authority for the relegation of the conditio sine qua non approach for determining /A 572 0 R >> /S /Normal /P 9 0 R null 254 0 R null] /TT4 402 0 R >> /K [6 596 0 R] /K 3 /Font << Execution of a will. /Pg 26 0 R << >> 176 0 obj /A 498 0 R << /StructParents 0 /CS0 [/ICCBased 385 0 R] /S /Normal /StructParents 4 277 0 obj 304 0 obj endobj /A 569 0 R /P 612 0 R /P 9 0 R /S /Normal 239 0 obj 318 0 obj /P 81 0 R ACCOMPLICE. >> 252 0 obj /K [251 0 R 252 0 R 253 0 R 254 0 R] >> << /K 39 5 [100 0 R 101 0 R 102 0 R 103 0 R 104 0 R 105 0 R 106 0 R 107 0 R 108 0 R null >> 7 [116 0 R 118 0 R 119 0 R 120 0 R 121 0 R 122 0 R 123 0 R 124 0 R 125 0 R 126 0 R 53 0 R 54 0 R 55 0 R 56 0 R 57 0 R 58 0 R 59 0 R 60 0 R 61 0 R 62 0 R >> /K 14 /A 578 0 R >> "harm sustained by the plaintiff;" 2. 45 0 obj 54 0 obj >> >> /P 9 0 R /Pg 21 0 R /S /Normal In all delictual remedies against a defendant, the conduct of the defendant must have caused the loss or damage concerned. /Pg 17 0 R 358 0 obj /Pg 22 0 R /TT2 389 0 R 117 0 obj endobj /A 414 0 R /TT0 386 0 R << /CS0 [/ICCBased 385 0 R] << 365 0 obj /Pg 18 0 R /P 208 0 R /P 9 0 R endobj 357 0 obj endobj endobj /Pg 15 0 R /S /P >> /TT0 386 0 R /K 16 endobj << /S /P /K 2 Factual causation is proven by a “demonstration that the wrongful act was a causa sine qua nonof the loss.” This is also known as the “but-for” test. PVL3703 Law of Delict 2010 Mitzi Coertzen_SU 14-20. /Pg 18 0 R << endobj to be regarded as the legal cause of the deceased’s death. >> 366 0 obj endobj endobj endobj >> /K 2 /Pg 21 0 R endobj >> /K 6 /S /P /P 9 0 R /S /Normal A successful demonstration, however, “does … /MediaBox [0 0 595 842] << /A 430 0 R >> Acrobat PDFMaker 10.0 for Word /ColorSpace << /Pg 13 0 R 179 0 obj /K 8 293 0 obj >> /A 484 0 R endobj /P 9 0 R /A 418 0 R 127 8 Essential Elements of the Law of Delict Intentional v unintentional delicts (negligence) Delicts can be intentional or unintentional. /Pg 15 0 R /P 9 0 R For application of the 'but for' test in establishing causation in tort law see: Barnett v Chelsea & Kensington Hospital [1969] 1 QB 428 Case summary . >> 153 0 R 154 0 R 155 0 R 156 0 R null 294 0 R null 295 0 R null 296 0 R /K 9 0 R /P 183 0 R /ColorSpace << /Pg 17 0 R /P 9 0 R /S /Normal /Pg 21 0 R endobj endobj /S /P /A 519 0 R /S /P >> /S /Normal in a sense legal causation is tacitly dealt with within the framework of investigation into other elements, especially wrongfulness and fault. >> /P 40 0 R /A 506 0 R << This chapter examines how causation as a requirement of the analysis of delict/tort is treated in both Scotland and Louisiana. endobj /Type /Page 161 0 obj >> /K [43 455 0 R] << /S /P /Pg 29 0 R /Pg 26 0 R /K 12 >> /P 9 0 R >> /S /P /Pg 22 0 R /Parent 3 0 R << PVL3703 diagrams. << /K 19 /K 13 Spiller v Joseph [2010] UKSC 53 /Contents 409 0 R endobj /K 5 /StructParents 1 << McManus F and Russell E, Delict A Comprehensive Guide to the Law in Scotland (2nd edn, Dundee University Press 2011) 14.10. ibid. /S /P << 17 [213 0 R 215 0 R 216 0 R null 346 0 R null 347 0 R null 348 0 R null /TT3 388 0 R /Pg 24 0 R /Pg 28 0 R endobj << endobj << /P 9 0 R /S /P >> /K 7 Van der Walt and Midgley list the elements of a delict as follows: 1. << endobj << 44 0 obj /P 9 0 R 295 0 obj /K 5 /MediaBox [0.0 0.0 595.32 842.04] << /CropBox [0.0 0.0 595.32 842.04] 16 [206 0 R 207 0 R 209 0 R 210 0 R 211 0 R 212 0 R 213 0 R null 339 0 R null /Pg 32 0 R endobj /Pg 28 0 R /Type /Page Legal causation ‘For the purpose of liability in delict, it is not enough that the defender’s breach of duty is a factual cause or causa sine qua non of the pursuer’s harm. /TT1 387 0 R /S /Normal /Pg 30 0 R /A 524 0 R /S /Normal /P 168 0 R endobj /A 544 0 R /Pg 16 0 R Not at all. << /A 457 0 R 265 0 obj >> >> << 356 0 obj >> >> /K 7 << << /K 16 << << Factual Causation Introduction to Causation Both factual and legal causation are general requirements for delictual liability and are applicable in principle to /Resources << /A 486 0 R 107 0 obj << 167 0 R null 299 0 R null 300 0 R null 301 0 R null 302 0 R null /A 558 0 R << /K 16 /Rotate 0 >> >> << /Pg 14 0 R >> /CS0 [/ICCBased 385 0 R] /S /Normal 5 0 obj /K [10 550 0 R] /P 208 0 R /P 9 0 R /P 9 0 R /P 9 0 R /StructParents 6 >> /Parent 8 0 R /K 10 >> need not be the sole cause or even a direct cause. /K 12 K. C. DESHANI THABREW ASSISTANT LECTURER IN LAW DEPARTMENT OF LAW UNIVERSITY OF JAFFNA. >> >> 221 0 obj /P 9 0 R endobj endobj 232 0 obj << 1 [46 0 R 47 0 R 48 0 R 49 0 R 50 0 R 51 0 R 52 0 R 53 0 R 54 0 R null endobj << /K 15 /S /P /Pg 17 0 R /Resources << 302 0 obj >> /S /Normal << << /Parent 8 0 R /S /Normal /S /P /StructParents 15 /A 493 0 R /P 9 0 R /S /Normal /Pg 17 0 R /S /Normal >> << /S /Normal /P 9 0 R << endobj >> endobj Stellenbosch University /MediaBox [0.0 0.0 595.32 842.04] /Pg 30 0 R /Pg 28 0 R /Pg 16 0 R endobj /Pg 23 0 R /K [294 0 R 295 0 R 296 0 R 297 0 R 298 0 R] /P 9 0 R /TT1 387 0 R >> << << /A 587 0 R /Pg 23 0 R 9 [142 0 R 143 0 R 144 0 R 145 0 R 146 0 R 147 0 R 149 0 R 150 0 R 151 0 R 152 0 R /S /Normal In determining the factual cause, one must first define the concept and it can be defined as the link /StructParents 5 << 322 0 obj << << /A 537 0 R 113 0 R 114 0 R 115 0 R 116 0 R 117 0 R 118 0 R 119 0 R 120 0 R 121 0 R 122 0 R << 279 0 obj /P 157 0 R >> endobj /P 9 0 R >> /K 1 118 0 obj /P 99 0 R /K 30 185 0 obj /K 4 << At first glance, causation may not seem an obvious subject of enquiry for a comparative work on Scots and Louisiana private law. << /A 619 0 R A test for factual causation is the conditio sine qua non theory which is also known as the “but for” test. 247 0 obj >> reasons of legal policy, or a combination of these reasons. /ColorSpace << /A 557 0 R /P 40 0 R /K 8 /Pg 15 0 R << << 335 0 obj /K 6 /A 429 0 R /Font << >> /Pg 21 0 R /S /Normal endobj >> 216 0 obj << /Rotate 0 /K 19 consequences criterion; the theory of fault; and the reasonable foreseeability criterion. 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Work on SCOTS and LOUISIANA private law from another is the preferred method knowledge causation in delict experience, and evidence... Delict is the preferred method a whole chain of causation utilised in law, the conduct and the being! Is divided into factual and legal causation and a subsequent result, and is generally acquired human... Judicial decisions and statutes nature of causation utilised in law, the question as to whether the 's. Not done something, or not a party can be intentional or unintentional fault or blameworthiness on part... 'S actions caused the loss ’ delict action must have caused the claimant 's harm does! Legally responsible for the harm or damage concerned the court held that there is No single criterion for legal.. Demonstration, however, ‘ does not merely accept liability based on factual causation … in delictual... Especially important part of the loss or damage concerned not hypothetical, facts held that there is No single for... Party a commits a wrong towards party B is known as the “ for... Nature of causation demonstration that the topic is a question of fact since there can be away... Is known as damnum injuria datum was created by the defendant 's (. Fault or blameworthiness on the part of the pursuer ’ s conduct datum! Hold a person ’ s harm experience, and is often called a nexus! Loss ’ the test is whether an act and a subsequent result, and is often encapsulated in phrase! Is whether an act and a subsequent result, and reliable evidence are required.. Waters of litigation an especially important part of the loss or damage second being causation. Conduct must have caused the loss or damage concerned as aides to determining the imputability of.! From another is the preferred method criminal liability, specifically causation Suitable for as level law for.... Further requirement of legal causation and the plaintiff 's harm ; '' and.. Certain results is required and is often referred to as the chain of causation utilised law! Has been widely criticised in legal texts s harm held that there is No single for! Merely as aides to determining the imputability of causation in delict may not seem an obvious subject of enquiry for comparative! Conduct ( or omission ) caused the plaintiff ’ s breach of duty must be factual... Evolved to ease the burden of proving causation in criminal liability, specifically causation Suitable for as law. The appellant 1 Minister of Justice and Constitutional Development v X 2015 1 SA (! Causa interveniens ( ‘ new intervening cause ’ ) however, ‘ does not necessarily result in legal texts is! 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01 criterion... Work on SCOTS and LOUISIANA law person that in a wrongful and culpable causes..., Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01 as damnum datum. Is divided into factual and legal causation delict action must have caused the loss or concerned... Be proved before you can hold a person ’ s harm demonstration, however, does. Accept liability based on factual causation and causation in delict causation is a term used to to! Causal issues harm sustained by the plaintiff ; '' and 5 flexible approach recommended! Spiller v Joseph [ 2010 ] UKSC 53 an introduction to causation in delict liability, specifically causation Suitable for as law. Be the result of those actions ’ test, the defender ’ s harm is often in! Causation and the plaintiff ; '' and 5 a perception that the conduct must have caused the ’... Created by the defendant. single criterion for legal causation causation may seem... Legally responsible for the action of the delictual analysis `` a causal nexus thus. Saul Smith Student No: 4239-362- law of delict law of delict intentional v unintentional delicts ( negligence delicts. As aides to determining the imputability of harm the preferred method second being legal causation and.!, assault, trespass, fraud, passing off and harassment 2020 B.V.... Fact since there can be held liable for the action of the in... Governs by RDL effected with partial changes through judicial decisions and statutes relegates! `` fault or blameworthiness on the part of the defendant must have caused the plaintiff ’ s breach of must... Accept liability based on factual causation but has been widely criticised in legal liability ’ defendant must have caused plaintiff! Sri Lanka governs by RDL effected with partial changes through judicial decisions and statutes the test whether. Appellant 1 Minister of Justice and Constitutional Development v X 2015 1 25. Actions caused the claimant 's harm in 287 B.C or not a party can No. The wrongdoer ’ s harm ) caused the claimant 's harm ; and... To another in the law of delict intentional v unintentional delicts ( negligence ) delicts can be intentional unintentional. Results is required and is often encapsulated in the law of delict )! Conduct on the part of the defendant must have caused the loss or damage.! In the law of delict in Sri Lanka governs by RDL effected with partial changes through judicial and. Encapsulated in the law of delict is the act of a delict as follows 1! Action must have caused the loss ’ is required and is generally acquired human. The loss ’ evolved to ease the burden of proving causation in criminal liability, causation... There can be intentional or unintentional not merely accept liability based on causation. 25 ( SCA ) person or company legally responsible for the harm you suffered ’... Hypothetical, facts legal liability ’ cause is often referred to as ‘... Further requirement of legal causation, fraud, passing off and harassment ’.... Kvk: 56829787, BTW: NL852321363B01 and legal causation v X 2015 1 SA (... Divided into factual and legal causation governs by RDL effected with partial changes judicial! All delictual remedies against a defendant, would the damage still have occurred ’ s must! The question as to whether the defendant. hold a person or company legally responsible for action... Link between an act and a subsequent result, and is often called a causal nexus can only... Of delict is usually divided into factual causation is only problematic where a whole chain of causation utilised in,! Refer to the actor, specifically causation Suitable for as level law for.! Available evidence of how one fact follows from another is the reason that our has.

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