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NeCede's

Maxim 12.2.14

A necessary cause; a cause without which the effect in question could not have happened.

Causa sine qua non.

Source: Hayes v. R.R. Co., 111 U.S. 228; Weisman, 14n Difficulty 3/5 — Intermediate

Explanation

The "but for" test of causation — if the injury would not have occurred without the defendant's act, that act is a necessary cause and liability may attach.

Where this applies

  • A patient sues her doctor for a botched surgery — she must show that 'but for' the doctor's error, the injury would not have occurred.
  • A factory dumps chemicals upstream and fish die downstream — the fishermen must prove the contamination was a necessary cause of the fish kill, meaning the fish would not have died without it.
  • A pedestrian is hit by a car that ran a red light — the driver's violation is the causa sine qua non because the collision would not have happened if the driver had stopped.

Legal domains

Cite this maxim

NeCede Max. 12.2.14 — A necessary cause; a cause without which the effect in question could not have happened. — Hayes v. R.R. Co., 111 U.S. 228; Weisman, 14n (Causa sine qua non.)

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