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Scottie Mom

(5,836 posts)

4. "But for..." certain conduct a result would not have come about

Reply to LuckyCharms (Original post)

Sat Jan 8, 2022, 11:01 PM

Jan 2022

Negligence has 4 elements: Duty, breach, causation, and damages.

In causation, there is “but for” and “proximate” cause. The latter means the result had to be foreseeable. Both forms of causation, along with the other elements, must be found for liability to attach. This is civil liability.

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Lawyers: Can the "but-for" concept in the law of negligence relate to tfg's role [View all] LuckyCharms Jan 2022 OP

Has nothing to do with what was in his head, elleng Jan 2022 #1

That's what I'm trying to say... LuckyCharms Jan 2022 #2

Maybe; intent may be irrelevant. elleng Jan 2022 #3

The thing the "you have to prove intent" people are missing is that intent can be inferred. Solomon Jan 2022 #5

Right, and 'intent,' 'mens rea', is relevant in criminal trials, elleng Jan 2022 #6

"But for..." certain conduct a result would not have come about Scottie Mom Jan 2022 #4