Negligence: causation and remoteness of damage.

Calers's Blog

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?

—————————————

CAUSATION.

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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