Actual Cause

Actual Cause (cause-in-fact): the factual question of whether ∆'s conduct produced the result.

  • But-for test: would the result have occurred but for ∆'s conduct?
    • If yes (it would have happened anyway) → ∆ is not the actual cause.
    • If no (it would not have happened without ∆) → ∆ is the actual cause.
  • Concurrent / "Twin Fires" Problem (Summers v. Tice): when two independently sufficient causes converge, but-for fails because each cause says "the result would have occurred even without me." The law treats both as actual causes (each is a "substantial factor").
  • MPC § 2.03(1): conduct is the cause when "it is an antecedent but for which the result in question would not have occurred."

Actual cause is necessary but not sufficient. Move next to Proximate Cause.