1. Cause‐In‐Fact Test – It is necessary that there is proof that defendant’s
conduct is a factor in causing plaintiff’s damage. Determines whether the defendant’s act or omission is a causally relevant factor a. But For Test / Sine Qua Non Test b. Substantial Factor Test c. Necessary and Sufficient Test (NESS) – The act or omission is a cause‐in‐fact if it is a necessary element of a sufficient set. 2. Policy test – The law limits the liability of the defendant to certain consequences of his action; if the damage or injury to the plaintiff is beyond the limit of the liability fixed by law, the defendant’s conduct cannot be considered the proximate cause of the damage.
NOTE: Such limit of liability is determined by applying these subtests of the
policy test: 1. Foreseeability Test; 2. Natural and Probable Consequence Test; 3. Natural and Ordinary or Direct Consequences Test; 4. Hindsight Test; 5. Orbit of Risk Test; 6. Substantial Factor Test.