Causality of the tortfeasor for the damage
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Purpose: Who is the right tortfeasor in the first place?
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Causality of the tortfeasor for the damage: Connection between:
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Tortfeasor
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Harmful act or omission
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Occurrence of the damage
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Necessary condition
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What made the tortfeasor’s conduct a necessary condition for the damage event?
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Can the conduct of the tortfeasor be conceived away without the damage ceasing to exist?
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The harmful conduct may also consist of the failure to take a necessary action.
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