In order for D to be liable in negligence, his breach of duty must have caused the loss or damage complained of. It must then be proved that the loss is not too ‘remote’.
This recording explains
• the ‘but for’ test for factual causation and how it applies
• the various possible exceptions to the ‘but for’ test (material contribution to the damage, material contribution to the risk of damage) and the ‘loss of chance’ approach)
• the approaches to ‘supervening’ events
• when another factor will constitute a ‘novus actus interveniens’
• the distinction, in remoteness, between issues of kind, extent and manner of causing damage.
Lecturer: Gianni Vuolo
Duration: 64 minutes (approx)
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More recordings in the Law of Tort
- Breach of duty
- Causation and remoteness
- Common law torts relating to land.
- Defamation Q&A
- Liability for omissions
- Negligence – economic loss
- Negligence – liability for words Q&A
- Negligence – psychiatric harm
- Negligence – psychiatric harm Q&A
- Nuisance and Rylands v Fletcher Q&A
- Occupiers Liability Q&A
- Public bodies
- Tort part A 2019 – Mulheron: ‘Legislating Dangerously’