This is a tort in which damage must be proved.
The negligence must result in damage. This is causation.
The cause must be close enough to the damge . There must not be too much REMOTENESS.
There has been a breach of obligation.
Causation is a factual question. Remoteness is a legal question. It also determines the extewnt of the liabilaity/
Lord Hoffmann said ”the rules laying down the causal requirements are creatures of law.”
Fairchild v Glenhaven Funeral Services. 2002
What are the policy consideration behind this?
The tort must be linked to the damage and not just to the defendant,
A baby has brain damage. For compensation you must prove that the vaccine CAUSED the damage. You must showed that the there was also a breach of duty in failing to carry out tests to determine whether or not the baby was alleergic to the vaccine.
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