Causation

Two parts:

Two different tests for factual causation

Causation

Two parts:

1. Factual cause
2. Proximate cause

Two different tests for factual causation

1. “But for”
2. Substantial factor

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Stubbs v. City of Rochester

Zuchowicz v. United States

What about multiple possible causes?

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Anderson v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.

“Multiple Fires Whodunnit”

Necessary and Sufficient Conditions

Necessary condition:

Result happens ONLY IF condition exists.

Put another way:

IF NOT condition, then NO result.

Sufficient condition:

IF condition exists, then result happens.

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Summers v. Tice

“Hunting Party Whodunnit”

Summers v. Tice

Three reasons for alternative liability:

1. Almost 51% probability
2. Fairness
3. “Smoke out” the real evidence

Summers v. Tice

Three reasons for alternative liability:

1. Almost 51% probability
2. Fairness
3. “Smoke out” the real evidence

Garcia v. Joseph Vince Co.

“Fencing Sabre Whodunnit”