Causation

Question 1

What are the two points that must be proved for causation

Answer 1

1) Factual Causation- establishing the link between the breach and the damage
2) Legal causation- considering whether there are any grounds upon which the link should be regarded as having been broken

Question 2

What is factual causation and its steps?

Answer 2

1) But for test (if it was not for the defendants breach, the claimant would not have suffered loss)(has to be greater than 50% chance)
2) are there cumulative causes- if so- courts may use the material contribution test-
3) fairchild/mcghee exception- liability on the defendant- did the defendants action or omission materially increase the risk.

Question 3

What is legal causation/ 3 types of novus actus events?

Answer 3

1) Acts of God or natural events (exceptional natural event)
2) Acts of third parties (highly unforeseeable)
3) Acts of the claimant (highly unreasonable)