One of the elements of a tort is causation. Describe the two questions a court must address, and answer in the affirmative, to find causation.?

Question

What will be an ideal response?

Answer 1

A necessary element of a tort is causation.If a person fails in a duty of care and some one suffers injury, the wrongful activity must have caused the harm for a tort to have been committed. In deciding whether there is causation, the court must address two questions:?•Is there causation in fact?-Did the injury occur because of the defendant's act, or would it have occurred anyway? If an injury would not have occurred without the defendant's act, then there is causation in fact. Causation in fact can usually be determined by the use of the "but for" test: "but for" the wrongful act, the injury would not have occurred. For example, Arnie  runs a red light and hits another car. The accident would not have occurred but for Arnie's running the red light.•Was the act the proximate cause of the injury?-Proximate cause, or legal cause,exists when the connection between an act and an injury is strong enough to justify imposing liability. For example, Arnie  runs a red light and hits Nicki's car. Her car has a bomb in the trunk, and it explodes when the car is hit. The explosion hurts bystanders.The injured bystanders cannot sue Arnie.  His negligence was the cause in fact of the accident, but it was not the proximate cause of the bystanders' injuries.Both of these questions must be answered in the affirmative for liability in tort to arise. If a?defendant's action constitutes causation in fact but a court decides that the action is not the?proximate cause of the plaintiff's injury, the causation requirement has not been met-and the defendant normally will not be liable to the plaintiff.