Civil Law and Land Titles and Deeds › Torts and Quasi-delicts › Proximate Cause › Concept › Distinguished from

i. Immediate Cause

Tests of Proximate Cause

  • Cause-in-fact Test
  • “but for” test or sine qua non test
  • substantial factor test

“but for” test or sine qua non test

Defendant’s conduct is the cause in fact of the injury under the but for test if the damage would not have resulted had there been no negligence on the part of the defendant.

What is the Difference between Mode and Title?

MODE TITLE
Directly and immediately produces a real right Serves merely to give the occasion for its acquisition or existence
The means of acquisition or transmission The juridical cause
Proximate cause Remote cause
The means whereby the right is acquired or transmitted The basis of the right to be created or transmitted