TESTS TO DETERMINE WHETHER THE CAUSE IS PROXIMATE

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.