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Causation and Remoteness.
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| Submitted: Mon Jun 19 2006
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Causation and Remoteness Even in torts that are actionable per se, the claimant must prove that the tort caused the loss of which he complains if he wants to obtain substantial rather than nominal damages. Causation is concerned with the physical connection between the defendant's negligence and the claimant's damage. No matter how gross the defendant's negligence, he will not be liable if, as a question of fact, the conduct was not the cause of damage. The 'but for' test serves to exclude from consideration factors which have made no difference to the final outcome of events. Sometimes the conduct satisfies the 'but for' test, yet it is merely one of a number of events that could be rightly regarded as causing harm. Clearly, the facts must have a bearing on the decision (factual causation), but in the final analysis the court has to make a choice as to which events...
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