What does factual cause refer to in tort law?

Factual cause in tort law refers to the concept commonly understood as the "but-for" test. This means that the defendant's conduct must be a necessary condition for the occurrence of the harm. In simpler terms, the harm would not have occurred "but for" the actions of the defendant.

This means that if you remove the defendant's action from the scenario, the injury or damage would not have happened. The focus here is not on whether the conduct was the sole cause of the harm, but rather on whether it played a significant role in causing the event to occur. This encompasses situations where multiple factors contribute to the harm, as long as the defendant's conduct can be identified as a vital contributing factor.

Other concepts like unforeseeable consequences or intentional harm fall outside the bounds of what factual cause specifically refers to. It is primarily concerned with determining a direct connection between the defendant's action and the plaintiff's injury, thereby establishing liability based on this causal link. Understanding this is crucial to grasping how liability is determined in tort cases.