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To what extent have rules concerning causation been modified to meet the demands of justice in tort cases?
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To what extent have rules concerning causation been modified to meet the demands of justice in tort cases? It is important to analyse this question by considering both factual and legal causation. Causation is concerned with the 'physical connection between the defendant's negligence and the claimant's damage'. A defendant will not be held liable if his/her negligence is not the cause of the claimant's damage. The concept of factual causation uses a 'but for' test to establish where responsibility for the damage caused should lie. If harm to the claimant would not have occurred 'but for' the defendant's negligence or omission then that negligence or omission is the cause of the harm. The 'but for' test removes irrelevant factual causes. Legal causation will then determine what relevant cause is the substantial cause of the result to establish whether a defendant is guilty for the claimant's damage. Therefore, causation seeks to establish...
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