The document discusses causation in negligence claims. It explains that once a breach is established, the claimant must prove that the breach caused the damage or loss. There are two points to consider regarding the necessary link between breach and damage: factual causation and legal causation. Factual causation deals with establishing the link, while legal causation considers if there are grounds to regard the link as broken. The document goes on to state that it will cover the "but for" test for factual causation, factual causation when the "but for" test cannot be satisfied, and legal causation.
The document discusses causation in negligence claims. It explains that once a breach is established, the claimant must prove that the breach caused the damage or loss. There are two points to consider regarding the necessary link between breach and damage: factual causation and legal causation. Factual causation deals with establishing the link, while legal causation considers if there are grounds to regard the link as broken. The document goes on to state that it will cover the "but for" test for factual causation, factual causation when the "but for" test cannot be satisfied, and legal causation.
The document discusses causation in negligence claims. It explains that once a breach is established, the claimant must prove that the breach caused the damage or loss. There are two points to consider regarding the necessary link between breach and damage: factual causation and legal causation. Factual causation deals with establishing the link, while legal causation considers if there are grounds to regard the link as broken. The document goes on to state that it will cover the "but for" test for factual causation, factual causation when the "but for" test cannot be satisfied, and legal causation.
To what extent must the defendant’s breach be the cause of the
claimant’s loss?
What happens if there are multiple potential causes of the claimant’s
loss and the defendant’s breach is just one cause?
Even if the breach is the factual cause of the claimant’s loss, are there any policy or other reasons to justify denying liability? Causation
Negligence is generally broken down into duty, breach,
causation and remoteness. You have already considered duty Loss or damage and breach. Once breach is established, the claimant must then prove that this breach caused the damage. This link or 'nexus' between breach and damage is essential. Without it the Duty claimant's claim will fail, ie there will be no liability. To determine if there is the necessary link two points must be Breach considered: (a) Factual causation; and Causation (b) Legal causation. Factual causation deals with establishing the link between the breach and the damage, whereas legal causation involves Remoteness considering whether there are any grounds upon which the link should be regarded as having been broken. Defences In this topic you will study the following elements: (a) Factual causation ('but for' test) (b) Factual causation where the 'but for' test cannot be satisfied (c) Legal causation