Causality of the tortfeasor for the damage

  • Purpose: Who is the right tortfeasor in the first place?

  • Causality of the tortfeasor for the damage: Connection between:

    • Tortfeasor

    • Harmful act or omission

    • Occurrence of the damage

  • Necessary condition

    • What made the tortfeasor’s conduct a necessary condition for the damage event?

    • Can the conduct of the tortfeasor be conceived away without the damage ceasing to exist?

    • The harmful conduct may also consist of the failure to take a necessary action.