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injury, and without which the result would not have occurred.
-Not necessarily the last link in the chain of events but that which is the procuring efficient and predominant cause.
-Not necessarily the sole cause of the accident
Remote cause- cause which some independent force merely took advantage of to accomplish something not the natural effect
thereof.
Chain of cause - causal connection between an original cause and its subsequent effects especially as a basis for criminal or civil
liability
Rule of comparative negligence- the relative degree of negligence of the parties is considered in determining whether and to what
degree either should be responsible for his negligence
Pure: plaintiff’s contributory negligence does not operate to bar his recovery but served to reduce his damage in proportion
to his fault
Necessary Element of Sufficient Set Test (NESS test) - the act or omission is the cause in fact if it is a necessary element of a
sufficient set
Duplicate causation- occurs when 2 or more sets operate simultaneously to produce the effect; the effect is over determined.
Ex. Damage to building by fire (2 causes)
Pre-emptive causation- occurs when, through coming about first in time, one causal set ‘trumps’ another, potential set lurking in the
background. (potential but inoperative causal set)
Ex. A shoots and killed P when is about to drink a cup poisoned by C.
Natural and probable consequences test- involves 2 things: (Reyes & Puno)
1. Causality: damage would not have resulted without the fault or negligence of the defendant
2. Adequacy: the fault of the defendant would normally result in the damage suffered by the obligee
Immediate cause - is the final act in a series of provocations that leads to a particular result or event. This would directly produce
the result without intervention of any further provocation.
the condition which caused the individual to die at that time The last condition listed is the proximate (or underlying)
and in that place cause of death, i.e. the condition which started a chain of
events leading to death.
directly produce the result without intervention of any further
provocation.
Egg skull doctrine- tortfeasor or a wrongdoer takes his victim as he finds him. Greater injury because of a prior condition.