To demonstrate causation the Claimant must establish that the loss they have suffered was caused by the Defendant. In most cases a simple application of the ‘but for’ test will resolve the question of causation in tort law. I.e. ‘but for’ the Defendant’s actions or omissions, would the Claimant have suffered the loss? If yes, the Defendant is not liable. If no, the Defendant is liable. Causation may be problematic where more than one possible cause exists.
Causation Andrew Gray 2018-02-13T09:39:41+00:00