Actual Cause

Pronunciation: AK-choo-ul KAWZ

Torts › Negligence

Definition

The 'but for' causation requirement in negligence. Plaintiff must prove that but for the defendant's breach of duty, the harm would not have occurred. Also called cause-in-fact. When two independently sufficient causes combine (two fires, each of which alone would have destroyed the house), strict but-for fails for each, so courts ask instead whether each was a substantial factor in producing the harm. California uses the substantial-factor test as its general formulation (CACI 430).

Related terms

• Proximate Cause — A limitation on liability requiring that the harm suffered must be within the scope of risk created by…
• Breach of Duty — The second element of negligence, requiring plaintiff to prove defendant's conduct fell below the applicable standard of care.…
• But-For Test — Primary test for actual causation: but for the defendant's conduct, would plaintiff's harm have occurred? If answer is…

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