Buthelezi v Poorter - Factual Causation (But-For Test) | CaseNotes
Judicial Precedent
Buthelezi v Poorter
Citation1975 (4) SA 608 (W)
JurisdictionZA
Area of Law
Law of Delict
Facts of the Case
Buthelezi was injured in a motor vehicle accident involving Poorter. There were questions about whether Poorter's conduct actually caused Buthelezi's injuries, or whether the injuries would have occurred anyway due to other factors. The case required the court to clarify the test for factual causation in delict.
Judicial Outcome
Factual causation was proved. Combined with the other elements of delict (conduct, wrongfulness, fault, and harm), Poorter was held liable for damages.
Legal Significance
This case established the but-for test for factual causation in South African delict. It clarified how courts determine whether a defendant's conduct actually caused the plaintiff's harm. Understanding factual causation (versus legal causation) is essential for delict problem questions, and this case provides the foundational test.