Causation and remoteness

Question 1

What is causation ?

Answer 1

The defendant must first be shown to have caused the injury to the plaintiff before being held liable

Question 2

Plaintiff/ defendant ?

Answer 2

Plaintiff- accuser/injured

Defendant- accused

Question 3

Remoteness/ proximity ?

Answer 3

Is the actual damage too remote from the negligent act to impose liability on the defendant

Question 4

Material contribution test?

Answer 4

asks whether the defendant’s action was a

material element in the injury suffered by the plaintiff.

Question 5

What is consecutive causes of injury?

Answer 5

Where two unconnected defendants cause an injury to the same plaintiff

Question 6

Foreseeability ?

Answer 6

Refers to when the behaviour of the defendant is reasonable

and probable.

Question 7

Recklessness ?

Answer 7

The test for determining if an action is reckless or unreasonable is an objective, rather
than subjective, test.

Question 8

Neighbour principle ?

Answer 8

The defendant will owe the plaintiff a duty of care where it is
reasonably foreseeable that his or her acts or omissions will
cause injury to the plaintiff (foreseeability of harm)