View Legal causation from RDL 3003H at University of Cape Town. Factual Causation. 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. In other cases, the “original” wrongdoer may have foreseen the intervening act. Start studying PLR: Causation & Remoteness. Legal causation is different from factual causation which raises the question whether the damage resulted from the breach of contract or duty. Study 16 Causation: RF / remoteness in legal causation (starred cases***) flashcards from Abigail W. on StudyBlue. D1 negligently damages P's car, needs respraying; D2 negligently collides with car, also requires respraying. This does not break the chain of legal causation, even though the action taken by the third, may have caused the loss in a literal sense. The question of whether the defendant’s acts or omissions have caused the claimant’s loss of damage, in the legal sense, is a matter of both fact and legal policy. This, in effect, reverses the burden of proof. Many incidents and events have multiple causes. The eggshell rule applies in addition to requirement of foreseeability. GlossaryRemotenessThe term remoteness refers to the legal test of causation which is used when determining the types of loss caused by a breach of contract or duty which may be compensated by a damages award. It is relevant whether he intended, was careless or reckless as to that act. Expert evidence may be given in complex cases, from which the court may deduce issues of causation, on the balance of probabilities. A distinction is made between a supervening event which prevents an anticipated loss from occurring and a supervening event which causes a greater loss whether or not of the same kind. This latter principle of remoteness in a contract claim restricts the level of loss that might be recovered. It is a question for judgment in the circumstances, as to whether the intervening action is reasonable. There are two tests for remoteness: the direct consequence test and the reasonable foreseeability test. In this case, considerations of foreseeability do not arise. Police inspector on scene ordered the plaintiff and another officer on motorcycles to ride back against traffic and close the entrance. 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. Provided that the type of damage is reasonably foreseeable, it is not necessary that the manner in which it is caused is foreseeable. The Civil Liability Act allows for apportionment of fault and contribution, where the claimant and/or one or more defendants are at fault. contradicts "type of damage" and "manner of injury" principles, too specific? Where loss or damage has been caused by the defendant but it is too far removed from the negligence or other civil wrongs to be the subject of compensation, it is said to be too remote. In the latter instance, the original loss is not reduced. general type of damage (burning) foreseeable, but type of damage was defined more specifically, i.e. 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. A person will be held liable for damage which he intends to cause. Where damage is not cumulative but indivisible, apportionment is more difficult and may be impossible. Occupiers' liability . Mitigation involves a duty to act reasonably. 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. An act which started the events w The court cases referred to in this paper are cited to explain the logic and are not meant to provide a legal position. In circumstances where it could not be proved, on the balance of probabilities that the outcome would be worse or better, the House of Lords confirmed the requirement for proof of legal causation in law. Reviews. extremely far off or slight. For example,  where an employee is negligent due to the absence of instruction or the failure to provide a safe system of work on the part of his employer, the employee’s actions do not constitute a break in causation and responsibility in relation to the employer’s negligence. Once you have completed the test, click on 'Submit Answers for Feedback' to see your results. 1 Some commentators would regard these terms as encompassing different issues - 'legal causation' going specifically to problems raised by voluntary third party interventions. Remoteness refers to the legal test of causation which is used when determining types of loss caused by a breach of contract or duty which can be compensated by the award of damages.There is a difference between legal causation and factual causation because of that question arises whether damages resulted from breach of contract or duty. 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. Muddling of legal causation and remoteness; Clear foreseeable risk + encouragement of 3P to act dangerously. 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. Coggle requires JavaScript to display documents. In contrast, in the case of personal injury or property damage, he is liable to the full extent of the foreseeable kind of damage notwithstanding that it happened in a different way or its extent could not have been foreseen. The courts take a common sense approach. In effect, it creates a presumption of fault or negligence, that where an event or occurrence is such that as would not normally occur without fault. was damage by fire reasonably foreseeable even though the possibility was small? Under the Civil Liability Act, each may be fully liable subject to a right of contribution from other persons who are at fault. Quizlet flashcards, activities and games help you improve your grades. "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. 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