Law

Causal link

The causal link in a basic element within the area of civil responsibility. It is the cause-and-effect relationship that must always exist between an unlawful civil act or omission and the damage caused by this omission, in order to have liability and, therefore, the duty to compensate. It is a relationship between the action that determines damage or the omission of the action and the damage itself.

What is the causal link?

It is a cause-effect relationship that allows us to establish the facts that must be considered in order to determine the damage and what caused the tangible harm. It is necessary to claim the damages caused to the author or liable party.

About the causal link

It consists of the relationship that exists between the result and the action, which allows us to affirm that the result has been produced by the action.  We must remember that crime is a conduct or a human act, which comprises, on the one hand, the action carried out and the action expected and, on the other, the result that has occurred.  In order for this to be incriminated, it is necessary that a causal link or a causal relationship exists between the human act and the result that has been produced.

Then we can say that there is a causal relationship when the human act of will cannot be assumed, without the concrete result ceasing to occur.  The causal link is then the relation that occurs between the conduct and the result and by means of which material can be attributed from this to that as a cause.

Theories

The causal link theories are as follows:

Jurisprudence

The jurisprudence has as criterion a point of convergence that is the admission of lack of responsibility of the agent that causes the damage when there is a fortuitous case or force majeure, even if there is a causal link.

The union of criteria and jurisprudence occurs because both understand that what really happens within a specific case must prevail, that is, we must ask ourselves if the major force that we are observing is the cause of the damages or if, on the contrary, those damages would occur equally, even if there had not been that major force.

Causal link disruption

The causal link can be interrupted and some of the assumptions of this interruption are:

Importance

The causal link is important because in the Criminal, Civil and Social order causality acts as a main axis because, in the legal plane, it is intended to show when a result can be attributed to an action and, therefore, the existence of a causal link between one and the other can be perfectly accredited.

Examples of causal link

Some examples of causal link are the following:

Written by Gabriela Briceño V.
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