CBSE BOARD XII, asked by gurvitasharma2, 5 hours ago

" जब वादी को नुकसान पहुंचाने वाली घटनाएँ एक ही समय की न होकर एक के बाद एक हों , तब कारणता का अभिनिश्चय एक समस्या होती है । " अपकृत्य की विधि के अन्तर्गत निर्णीत वादों की सहायता से व्याख्या कीजिए । " Ascertainment of causation is a problem , when the events causing damage to plaintiff are not simultaneous but successive . ” Elaborate it with the help of decided cases under the law of tort .​

Answers

Answered by KhushiVashishth
2

Answer:

Causation is an element common to all three branches of torts: strict liability, negligence, and intentional wrongs. Causation has two prongs. First, a tort must be the cause in fact of a particular injury, which means that a specific act must actually have resulted in injury to another. In its simplest form, cause in fact is established by evidence that shows that a tortfeasor's act or omission was a necessary antecedent to the plaintiff's injury. Courts analyze this issue by determining whether the plaintiff's injury would have occurred "but for" the defendant's conduct. If an injury would have occurred independent of the defendant's conduct, cause in fact has not been established, and no tort has been committed. When multiple factors have led to a particular injury, the plaintiff must demonstrate that the tortfeasor's action played a substantial role in causing the injury

Similar questions