Causation Flashcards
(14 cards)
Where does causation fit in the negligence claim structure?
Causation follows after establishing duty and breach. The claimant must show that the breach caused the loss. Without this causal link, the claim fails.
What are the two elements of causation in negligence?
Factual causation: Did the breach cause the damage in fact?
Legal causation: Are there any policy or intervening reasons to deny liability, even if factual causation is established?
What is the ‘but for’ test in factual causation?
On the balance of probabilities, but for the defendant’s breach, would the claimant have suffered the loss at that time and in that way?
Yes → causation fails.
No → causation is satisfied.
What is the standard of proof for factual causation?
The balance of probabilities: more than a 50% chance that the breach caused the loss.
When is the material contribution test used?
Where the loss arises from multiple cumulative causes (e.g. tortious and non-tortious factors operating together), and the claimant cannot prove the ‘but for’ test.
When is the material increase in risk test used?
Used in industrial disease cases involving single causal agents and scientific uncertainty.
When is loss of chance accepted?
In pure economic loss cases.
What is apportionment?
Where multiple tortious causes contribute to distinct parts of the loss, courts may apportion damages fairly between defendants.
What is legal causation concerned with?
Whether a subsequent event breaks the chain of causation (novus actus interveniens), meaning the defendant is not liable for further damage.
When does a natural event break the chain?
Only when it is exceptional and unforeseeable.
When do acts of third parties break the chain?
When they are highly unforeseeable or egregious.
What is the rule for medical treatment?
Medical treatment rarely breaks the chain. It must be gross or egregious to do so.
When do a claimant’s actions break the chain?
Only when the actions are highly unreasonable.
What is usually the preferred way to deal with claimant fault?
Through the doctrine of contributory negligence, not legal causation, to allow for partial recovery.
