Once the claimant has shown the existence of a duty of care and proved that it has been breached by falling below the appropriate standard of care he must still prove that the defendant’s negligent act or omission actually caused the damage.Īs with the other two elements of negligence, the burden is on the claimant to prove the causal link on a balance of probabilities. ■ Apply the tests to factual situations to determine whether the defendant has caused the damage suffered by the claimant ■ Critically analyse the concepts of causation in law and causation in fact ■ Understand the requirements for a plea of res ipsa loquitur, and the effects of a successful plea ■ Understand the test for establishing causation in law, reasonable foreseeability of harm, so that the damage is not too remote a consequence of the defendant’s breach of duty ■ Understand the possible effects on the liability of the original defendant of a plea of novus actus interveniens, where the chain of causation has been broken ■ Understand the problems that arise in proving causation in fact where there are multiple causes of the damage ■ Understand the usual means of establishing causation in fact, the “but for” test
20 Oct, 2015 CRIMINAL LAW AND CRIMINOLOGY 0Īfter reading this chapter you should be able to:
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