Deciding Whether the Rules of Causation Are Weighted Too Far Against the Interests of the Defendant

Deciding Whether Causal Relationship Rules Compromise Defendant's Impact on Profit When deciding the death penalty, the court will use the "but" test. That is, death does not occur with respect to defendant 's behavior. In the white incident in 1910: the defendant tried to kill his mother who prepared the addiction in the glass, but she died of heart failure instead of addiction. The accused can be held responsible only for attempted murder, but obviously he wants the incident to happen.

According to the traditional rule of negligence lawsuit, the plaintiff must prove that the defendant's action is the true cause of the plaintiff's injury. This is often referred to as a "but -" causal relationship, which means that plaintiffs' injuries do not occur to defendant actions. A child in the above example can prove this by proveing ​​this, but even if the accused ignores the fault of the cereal, it is not harmful. The closest factor is related to the defendant's responsibility range in the case of negligence. In the event of negligence, the accused is only responsible for the damage that the defendant can predict through his / her behavior. If the damage suffered by the defendant exceeds the risk range that the defendant can predict, the plaintiff can not prove that the act of the defendant is the direct cause of the plaintiff's damage.

Whether a particular defendant is legally responsible for a particular plaintiff is a legal matter. "As a matter of law, the court will determine the existence and extent of its responsibility, ie whether the defendant's case infringes the plaintiff's interest." Consideration in determining the existence of responsibility in a specific case Several factors to be taken: Whether laws should enforce responsibility requires consideration of many factors such as the risk involved, the possibility of predictability, the possibility of injury, and the social behavior of the actors. The importance of practicality, the burden to prevent injuries and injuries, and the impact of imposing that burden on actors