It need not be the exclusive cause, in order to establish the defendant ’s liability. Causation. contradicts "type of damage" and "manner of injury" principles, too specific? Therefore, if it is predictable that some personal injury will ensue, the particular personal injury which arises due to the defendant’s particular weakness or vulnerability is not too remote. Where some new act intervenes between the negligent act and the damage, it may be deemed to have been the cause or sole cause of the damage. The Civil Liability Act allows for apportionment of fault and contribution, where the claimant and/or one or more defendants are at fault. Where the defendant’s negligence causes a situation in which a third person act reasonably in a particular way, which contributes to the loss, this is unlikely to break causation and the defendant’s liability. Tort Law Negligence –Causation & Remoteness © The Law Bank Tort General principles –Causation and Remoteness 1 In this context, the loss of chance refers to the possibility that had the relevant work or service not been negligent there would have been a better chance / higher probability of an outcome favourable to the claimant. -> applied causation at two levels: defendant's negligence (cause 1), plaintiff's own act (cause 2); used cause 1 to find no NAI, prima facie case, but used cause 2 to find illegality based on public policy, Solution 1: continuing liability, no gap in compensation. The chain of causation is not broken. In this case, considerations of foreseeability do not arise. The courts take a common sense approach to causation. Negligence and causation may be inferred from facts which make it probable. GlossaryRemotenessThe term remoteness refers to the legal test of causation which is used when determining the types of loss caused by a breach of contract or duty which may be compensated by a damages award. In English law, remoteness is a set of rules in both tort and contract, which limits the amount of compensatory damages for a wrong. It reasserted that the claimant must prove on the balance of probabilities that the particular injury was caused by particular wrongdoing or breach of duty on the part of the defendant. The elements required for a successful negligence claim are a duty of care, breach of that duty, that the breach caused the loss and remoteness of damage issues. To establish cause in fact, the claimant must show, on the balance of probabilities, that the defendant’s breach caused their harm. Accordingly, once factual causation is established, it is necessary … Causation (cause-in-fact) 1; Remoteness (cause-in-law) A purely legal concept? The claimant’s loss may be the direct and natural consequence of the defendant’s fault or breach of duty, notwithstanding the intervention of human conduct whether by the claimant or a third-party. This may occur where there was a collision in the centre of the road or at a crossroads, injuring a passenger who is not at fault. It is narrower than … The matter should not be approached in the manner in which a scientist or philosopher might approach the issue. The court cases referred to in this paper are cited to explain the logic and are not meant to provide a legal position. The duty may be to prevent the very thing that constitutes the deliberate act. The question of whether the defendant’s acts or omissions have caused the claimant’s loss of damage, in the legal sense, is a matter of both fact and legal policy. For example, there may be a duty to take care to protect against burglary and theft, notwithstanding that the burglary and theft are intentional acts of a third-party. The res ipsa loquitur principle may assist the claimant in cases where causation in complex and denied. Paul McMahon The rules on remoteness are matters of law which seek to provide limits on the extent of the loss for which compensation which may be recovered. Many incidents and accident occur as a result of multiple causes, attributable to several people. The defendant must take the plaintiff has he finds him, with his particular vulnerabilities. Fagan Negligence (p.537-544) Remoteness Before a person can be held liable for harm caused by his negligent conduct, two Once it has been shown that a defendant owed the claimant a duty to take care and was in breach of that duty, liability can still be avoided if it can be shown that the breach did not cause the damage, or that the damage was too remote a consequence of the breach. If the third party’s action is completely unforeseeable an is the cause of the loss or damage, then the defendant will not generally be liable. 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