Law of Tort
12th October 2022
Negligence: Causation
Causation:
- The relationship between cause and effect.
- The link between an action and the consequences of that action
- It is the causal connection between his (claimant’s) damage and the
defendant’s conduct.
(Lord Nicholls in Fairchild V Glenhaven)
(E.g) If A drives negligently and B gets injured, it is not enough for B to prove that it
was A’s negligence that caused B’s injury.
Two Types of Causation:
1. Actual/Factual Causation – Causation in fact
2. Proximate/Legal Causation – Causation in law
Actual Causation:
Determining whether D’s careless action actually caused C’s loss or injury.
The ‘But For’ Test is used
In this test we see if C would have suffered any damage for D’s act?
If the answer is ‘No’ then D would be liable.
Barnett V Chelsea Hospital (1969)
2 People claimed to throw up after drinking tea, Doctors in hospital dismissed it and
sent them away, Later on one of the people died of arsenic poisoning – so there was
a sever issue. The wife of the man sued the hospital for negligence.
However the hospital is not liable even though sending them away was a breach of
duty but the man would have died anyway.
Problems with the ‘But For’ Test:
12th October 2022
Negligence: Causation
Causation:
- The relationship between cause and effect.
- The link between an action and the consequences of that action
- It is the causal connection between his (claimant’s) damage and the
defendant’s conduct.
(Lord Nicholls in Fairchild V Glenhaven)
(E.g) If A drives negligently and B gets injured, it is not enough for B to prove that it
was A’s negligence that caused B’s injury.
Two Types of Causation:
1. Actual/Factual Causation – Causation in fact
2. Proximate/Legal Causation – Causation in law
Actual Causation:
Determining whether D’s careless action actually caused C’s loss or injury.
The ‘But For’ Test is used
In this test we see if C would have suffered any damage for D’s act?
If the answer is ‘No’ then D would be liable.
Barnett V Chelsea Hospital (1969)
2 People claimed to throw up after drinking tea, Doctors in hospital dismissed it and
sent them away, Later on one of the people died of arsenic poisoning – so there was
a sever issue. The wife of the man sued the hospital for negligence.
However the hospital is not liable even though sending them away was a breach of
duty but the man would have died anyway.
Problems with the ‘But For’ Test:
