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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