9084 · 4.1.4
Causation and remoteness of damage
**Causation and remoteness** (4.1.4) — always separate **factual causation** (but-for / material contribution) from **legal causation** (remoteness). Apply the **thin skull** rule where the victim has pre-existing vulnerability.
Need to know
What you need to know
- Causation is a two-stage test: factual causation and legal causation (remoteness).
- Factual causation asks if the defendant's breach was a factual cause of the harm.
- Legal causation asks if the harm is too remote from the breach to be recoverable in law.
- The burden of proof is on the claimant to establish causation on the balance of probabilities.
Explanation
Causation and remoteness of damage
- Causation is a two-stage test: factual causation and legal causation (remoteness).
- Factual causation asks if the defendant's breach was a factual cause of the harm.
- Legal causation asks if the harm is too remote from the breach to be recoverable in law.
- The burden of proof is on the claimant to establish causation on the balance of probabilities.