causation in fact

Question 1

what is the concept of causation in fact?

Answer 1

did the defendant’s breach actually cause the damage suffered by the claimant

Question 2

what test is used for establishing causation in fact?

Answer 2

the but for test

but for the defendant breaching their duty of care, would the claimant have received the harm that they did?

Question 3

what situations present challenges for the but for test?

Answer 3

multiple defendants, multiple potential causes, loss of chance, where we can’t pinpoint exactly when a harm was suffered, failure to inform of a material risk

Question 4

what does having multiple defendants lead to?

Answer 4

several liability and joint and several liability

Question 5

what is several liability?

Answer 5

more than one party act independently to cause the same damage to the claimant. each is then separately liable for the damage they have caused

Question 6

what is joint and several liability?

Answer 6

occurs when more than one party act jointly or together to cause the same damage to the claimant. any or all of them can be sued. each is separately liable for the whole damage rather than just the damage they have caused

Question 7

when does the material increase in risk approach apply?

Answer 7

applies where the harm suffered is not cumulative