Chapter 40- Causation and remoteness of damage

Question 1

Define the ‘but for’ test

Answer 1

• This is the test that is used to establish causation in fact. If the harm would not have happened ‘but for’ the defendants negligent behaviour, the negligence is the cause of that harm

Question 2

When is the ‘but for’ test inadequate

Answer 2

• The claimant has lost the chance of a full recovery
• There are several concurrent causes of harm
• There are consecutive causes of harm

Question 3

What happens in Loss of Chance Cases

Answer 3

• This usually involves medical negligence and sometimes it could be the doctors delay in treating or diagnosing the illness.
• It is up to the court to decide whether the delay led to the patient not being cured

Question 4

What are Several concurrent causes of harm

Answer 4

• There are situations where after the breach of duty occurred, something else happens which​ made the damage worse.
• Where such an event breaks the chain of causation, the defendant will​ only be liable for such damage as occurred up to the intervening event (novus actus​ interveniens).

Question 5

What are Consecutive causes of harm

Answer 5

• When two independent events cause the damage and the 2nd defendant’s breach of duty causes the same damage as that caused by the first defendant.
• The first event should be treated as the cause

Question 6

What are multiple tortfeasors

Answer 6

• When there are more than one defendant who could be responsible for the harm

Question 7

Describe an intervention by the claimant

Answer 7

• If a claimant is found to be contributorily negligent, their damages are reduced in proportion to their blame
• It will break the chain of causation if a fair result needs to be achieved

Question 8

Describe an intervention by a third party

Answer 8

If there has been an additional breach by a third party act, that also causes the claimant damage, the court will decide the extent to which the defendant is liable.
- the third part actions must be voluntary and independent of the breach

Question 9

What is ‘remoteness’

Answer 9

the claimant must prove that the damage was not too remote from the defendant’s​ breach

Question 10

What are the 2 remoteness tests

Answer 10

1- direct consequence test
2- Reasonable foreseeability test

Question 11

Direct consequence test / Polemis test

Answer 11

• The courts stated that the test was whether the damage was a direct consequence of the breach of duty

Question 12

The reasonable foreseeability test

Answer 12

If the type of damage suffered is reasonably foreseeable, the precise way in which it occurred need not have been foreseeable.