3. Causation Flashcards
What is factual causation?
Whether C would have suffered loss but for D’s breach.
What is the but for test?
Whether C would have suffered loss but for D’s breach.
What is clinical causation?
Whether C would not have had the treatment if told of risk.
What is industry disease causation?
Whether D’s breach materially increased C’s risk of injury.
What is multiple causes causation?
Whether D’s breach had a material contribution.
What is apportionment in causation?
Ds are only liable for injuries they caused if the injury suffered by C is divisible.
What happens if the claimant’s injury is not divisible?
The claimant can recover damages in full from any defendant, but as between defendants the Civil Liability (Contribution) Act 1978 will apply.
Who has the burden of proving the causal link between the breach and the loss?
The claimant.
What is legal causation?
Whether the harm should be recoverable from D + if any acts break the chain.
What is a third party act in legal causation?
It may break the chain of causation if not a foreseeable consequence of defendant’s negligence, or if the third party acted intentionally or recklessly.
What are claimant acts in legal causation?
They may break the chain of causation if entirely unreasonable in all the circumstances.
What is an act of God in legal causation?
It must be exceptional + unforeseeable natural event.
What is medical treatment in legal causation?
It must be gross or egregious.
What is the test for remoteness?
Whether the type of damage was reasonably foreseeable at the time.
Do you need to prove the full extent of harm or exact way it occurred if it was foreseeable?
No.
