Causation Flashcards
What are the three questions that need to be determined when determining causation?
- ‘But for’ the defendant’s breach of duty, would the harm to the claimant have occurred?
- Even if the defendant’s negligence was a cause, were there any intervening acts?
3.Even if the defendant’s negligence was a cause, was the damage too remote?
Is causation proven where harm would have been caused to the claimant in any event?
No, the rule is ‘but for’ the defendant’s actions the harm would have occurred to the claimant. If harm would have occurred anyway then the claim must fail.
What is the ‘material contribution’ approach in respect of causation?
Where several causes have together contributed to the defendant’s harm, but the claimant can show that one of the causes materially contributed to their injury or the damage.
What is the ‘material increase in risk’ approach in respect of causation?
Where the creation of a material increase in the risk of injury, rather than the material injury itself, constituted factual causation.
These cases are best viewed as an exception to the usual rules of causation, and strictly confined to cases of scientific certainty e.g. mesothelioma.
