Causation Flashcards
(7 cards)
1
Q
Factual causation
A
On the balance of probabilities, but for the D’s negligence would the C have suffered the harm?
2
Q
Legal causation
A
Is the harm suffered too remote?
3
Q
Multiple causes of harm and the outcome on factual causation
A
- competing causes of harm - the breach that substantially causes the harm will be sufficient to prove causation.
- materially contributed to harm - the breach that materially contributed to the harm will be sufficient to prove causation;
- materially increased the risk of harm
4
Q
What happens if the negligent act increases the risk of something happening (lost chance claims)
A
If the “lost chance” is below 50% then on the balance of probabilities the court is unlikely to find for the C.
5
Q
What is the test for remoteness?
A
Was the type/kind of damage reasonably foreseeable at the time the breach of duty occurred? It is the type or kind of damage that needs to be foreseeable, not the extent.
6
Q
Eggshell skull theory
A
Take your victim as you find them.
7
Q
Intervening acts
A
- the C’s act;
- a third party act;
- separate/natural act
The act must be unreasonable.
