In professional negligence cases which turn on what the claimant would have done, had the there been no negligence and the correct advice had been given, causation requires the claimant to prove on the balance of probabilities, that he would have acted differently. An act which started the events w The principles of remoteness required that the loss must be such that it was or is deemed to have been, in the contemplation of the parties. Legal causation is different from factual causation which raises the question whether the damage resulted from the breach of contract or duty. ); this determines the existence of liability ̶ Remoteness: defines the extent (scope) of liability o Because causation test (‘but for’) is easily satisfied even in absurd circumstances (think of the simultaneous shooting case). The evidence called to enable the court to make a just apportionment should be proportionate to the level of loss and damage involved, and the uncertainties which are inherent in making a personal injuries award of damages. ), susceptibility to subsidence due to renovations and increased structural loading (Gary Chan). The defendant’s negligence may be a material cause of the accident. The defendant may be under a duty to take care to protect the claimant from the deliberate act, reckless or negligence of a third-party. Where some new act intervenes between the negligent act and the damage, it may be deemed to have been the cause or sole cause of the damage. The same principles apply to damage to property and economic loss. Even if he could not foresee that the particular defendant has certain weakness or predispositions, he will be liable nonetheless, for the consequences of (for example) an injury, even though it is greater than could reasonably be expected. Causation in criminal liability is divided into factual causation and legal causation.Factual causation is the starting point and consists of applying the 'but for' test. -> applied causation at two levels: defendant's negligence (cause 1), plaintiff's own act (cause 2); used cause 1 to find no NAI, prima facie case, but used cause 2 to find illegality based on public policy, Solution 1: continuing liability, no gap in compensation. The claimant is obliged to mitigate his loss. Others occupational injuries appear at once. It is narrower than … The question may be difficult and controversial in some cases, such as in Hanrahan v Merck Sharpe and Dohme, where the question arose as to whether the emissions from the defendant’s plant had caused damage to the claimant’s health and farm stock. "the courts should not be eager to find that a claimant had acted so unreasonably as to break the chain of causation... "more readily with personal injury and physical damage claims, rather than... economic loss", unreliable knee previously injured by D, descended staircase, knee buckled, jumped rest of 10 steps and was injured, HELD: further injuries not caused, "a deliberate and informed act intended to exploit a situation created by a defendant did not negative causation where the defendant was in breach of a specific duty imposed by law to guard against that very act", HELD: no NAI, found P contributory negligence, D1 injured P's leg; D2 (armed robber) shot and resulted in P's leg being amputated, encompassing and increasing original injury, should not be applied to commercial disputes; leaves question open to whether applicable for personal-injury claims. 1 Some commentators would regard these terms as encompassing different issues - 'legal causation' going specifically to problems raised by voluntary third party interventions. In addition to the requirement for factual causation, the courts apply a  material cause test. Where damage is not cumulative but indivisible, apportionment is more difficult and may be impossible. On the other hand, where the claimant fails to mitigate, causation will be broken. Fagan Negligence (p.537-544) Remoteness Before a person can be held liable for harm caused by his negligent conduct, two remote. The rules on remoteness are matters of law which seek to provide limits on the extent of the loss for which compensation which may be recovered. Causation is determined by a strong logic (a factual matter) and rules of interpretation (a legal matter). Therefore, if it is predictable that some personal injury will ensue, the particular personal injury which arises due to the defendant’s particular weakness or vulnerability is not too remote. The action of a third-party may be a reflex or be inevitable, such as where the third-party is put in a dilemma and takes emergency action accordingly, by reason of the something caused by the defendant’s negligence. Damages that are too removed from the negligence and breach of duty, may be denied recovery on the basis of remoteness. McMahon Legal,  Legal Guide Limited and Paul McMahon have no liability arising from reliance on anything contained in this article nor on this website. Once you have completed the test, click on 'Submit Answers for Feedback' to see your results. Evidence may be so remote from the issues in a trial that it will not be allowed as "immaterial." In the case of financial loss, the defendant is accordingly liable to the extent that it is reasonably foreseeable. 7.2 This Term of Reference has been formulated around the elements of the tort of negligence, namely duty of care, breach of duty (that is, standard of care), causation and remoteness of damage. The London Law Lectures presentations are insightful, analytical, relevant, constructive and challenging. Legal causation is different from factual causation which raises the question whether the damage resulted from the breach of contract or duty. Where there are separate and independent acts of fault by two or more parties, which would have caused similar damage, each is liable for the full amount suffered. The test of legal cause is applicable both to the “threshold” situation in which the court is trying to establish whether the … There may also be overlap with the issues of liability itself, as the breach of duty is based on foresight and proximity. This has reduced the need for courts to categorise one person or other as having caused the loss or damage. The chain of causation is not broken. In some professional negligence claims, recovery for the loss of chance may be allowed. Only once it has been established that there has been a breach of a duty of care does the court consider causation and remoteness issues. Legal causation is different from factual causation which raises the question whether the damage resulted from the breach of contract or duty. Expert evidence may be given in complex cases, from which the court may deduce issues of causation, on the balance of probabilities. D1 injured P decreasing earning capacity by 50%; E2 (myelopathy) reduced earning capacity to zero, damages limited by supervening condition would have occurred naturally as part of the "vicissitudes of life", unsatisfactory distinction between tortious and natural events since both occurred randomly, negligent discharge of oil by D; P conducting welding operations in wharf, ignited oil and caused fire. See the sections on the Civil Liability Act, which provides for a reduction in damages where the claimant or defendants are partly at fault in and have thereby contributed to the loss or damage. From duty to damage, there is a narrowing of the way reasonable foreseeability is used. Assessing remoteness requires an examination of the nature of plaintiffs’ injury and the causal chain between conduct and effect. In some cases, the sole cause loss or damage may be the defendant’s own negligence. Many occupational injuries are the result of cumulative factors, which develop over time. Where there is an indivisible injury, the wrongdoer, who is the proximate cause, may be held liable in full for it. was damage by fire reasonably foreseeable even though the possibility was small? There must be evidence from which negligence can be inferred on the part of each. Negligence and causation may be inferred from facts which make it probable. The leading case provides for two rules (or two branches of a single rule). It was the response of a man suffering from a, head injuries caused by D, resulted in PTSD, severe depression and suicidal tendencies; suicide in the end, moderate criminal tendencies -> brain damage due to D's negligence -> marked personality change -> serious crimes (sexual assault and violence) -> conviction and life imprisonment, HELD: not NAI, D's breach a cause of loss of liberty, train crash leading to PTSD, P stabs someone to death; charged manslaughter due to defense of diminished responsibility; sent to mental institution, risk was not disproportionate to necessities of situation, escape attempt from locked toilet was "natural, reasonable, prudent or foreseeable in the circumstances" (Gary Chan), "To break the chain of causation it must be shown that there is something which I will call, whether there was new cause, not new negligence. Mitigation involves a duty to act reasonably. The type of damage must be foreseeable. REMOTENESS (CAUSATION OF LAW) As well as proving that the defendant’s breach of duty factually caused the damage suffered by the claimant, the claimant must prove that the damage was not too remote from the defendant’s breach. manhole, paraffin lamps, allurement, children went to play, got burnt -> type of damage (burning) was foreseeable, large explosion caused by chemical reaction in glass ampoules with water; only small explosion reasonably foreseeable but, foreseeable that minors might be attracted to the boat and “meddle with” it, exposing them to the risk of physical injury, no evidence that foreseeable risk of harm was the one that materialised (caused the boat to topple over), FACTS: teenaged boys went to fix rotten boat, P got crushed when it toppled over, pre-existing personality disorder -> minor accident with superficially nasty injuries -> attempted suicides, injured shin, anit-tetanus injection, allergic reaction resulting in brain damage and partial disability, one medical problem can cause another medical problem (brain + leg amputation -> less mobility -> diabetes), P struck on lip by molten piece of metal; developed cancer due to pre-malignant condition of lip cells; died, Question: whether burn was foreseeable (not cancer! In other cases, the “original” wrongdoer may have foreseen the intervening act. Causation. Complex issues of causation and contribution may arise in exposure cases, where a number of defendant employers may have made a material contribution to the personal injury/condition. Expert evidence may be required to show a link between a particular act and consequence. Indeed, the defendant is likely to be liable also, to the rescuer. Occupiers' liability . Issues arise regarding the generality of the type of injury. Causation in construction contracts is a relatively simple matter to understand and does not involve any metaphysical or scientific view or microscopic analysis. Coggle requires JavaScript to display documents. Accordingly, once factual causation is established, it is necessary … In a novel case, the courts may disallow recovery on the basis of breach of duty, causation or remoteness. Copyright © 2018 McMahon Legal, All Rights Reserved, http://mcmahonsolicitors.ie/causation-remoteness-issues">. Where a careless act of two defendants has prevented the claimant from discovering whose negligence caused damage, then on a public policy basis, both may be held liable. The courts may deem any type of personal injury or even a psychiatric injury to be foreseeable if some type of personal injury is foreseeable. The matter should not be approached in the manner in which a scientist or philosopher might approach the issue. The modern approach places responsibility on the defendant for the direct consequences of his acts and (in some cases) omissions. Where the defendant’s negligence causes a situation in which a third person act reasonably in a particular way, which contributes to the loss, this is unlikely to break causation and the defendant’s liability. vehicle driven negligently by defendant overturned near exit of one-way tunnel. a negligent defendant whose situation invites rescue is liable for the, a defendant who negligently causes a motor accident may also be liable to a person who, while stopping to assist at the scene, is harmed by another negligent motorist, very likely to happen a result of breach of duty, "glaringly obvious" or "manifest and obvious" risk, criticised "very likely test" (contrary to Wagon Mound No 2, etc), FACTS: LBC negligently fixes sewers, flooding leading to cracking in foundation of house; squatters also caused damage to house, claimed for damage caused by squatters as well HELD: no, "Mr Corr’s suicide was not a voluntary, informed decision taken by him as an adult of sound mind making and giving effect to a personal decision about his future. 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