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Wednesday 13 March 2013

Causation

Causation

Even though a Tortfeasor owes a duty of care and breaches the duty of care, the act must have caused the Plaintiff’s injuries.

Ø  Causation in Fact, and

Ø  Proximate Cause.

Case 5.3: Palsgraf v. Long Island RR Co. (1928)

Causation in Fact

Did the injury occur because of the Defendant’s act, or would the injury have occurred anyway? 

Usually determined by the “but for” test, i.e., but for the Defendant’s act the injury would not have occurred.  Proximate Causation

An act is the proximate (or legal) cause of the injury when the causal connection between the act and injury is strong enough to impose liability.

Foreseeability of injury is an important factor.

Think of proximate cause as an unbroken chain of events.

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