Answer to Question 1
Damages, usually monetary compensation, awarded to plaintiff for the wrong caused by defendant.
Answer to Question 2
A person who commits a negligent act is not liable unless this act was the cause of the plaintiff's injuries. Court have divided causation into two categoriescausation in fact and proximate causationand require each to be shown before the plaintiff may recover damages. Causation in fact means that the defendant's negligence must be the actual cause of the plaintiff's injuries. For example, suppose a corporation negligently pollutes the plaintiff's drinking water. The plaintiff dies of a heart attack unrelated to the polluted water. Although the corporation has acted negligently, it is not liable for the plaintiff's death. There was no cause-and-effect relationship between them. Another phrase for causation in fact is but for causation, which means but for the defendant's conduct, the plaintiff would not have suffered harm.. Proximate cause is that which makes the defendant liable. Proximate cause is a legal judgment call that concerns the magic word of foreseeability. Based on public policy, the law establishes a point along the damage chain after which the negligent party is no longer responsible for the consequences of his or her actions. Beyond that point, there is no proximate cause. Proximate cause is examined on a case-by-case basis, and can be trumped by superseding causes.
