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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

  1. Causation is a two-stage test: factual causation and legal causation (remoteness).
  2. Factual causation asks if the defendant's breach was a factual cause of the harm.
  3. Legal causation asks if the harm is too remote from the breach to be recoverable in law.
  4. The burden of proof is on the claimant to establish causation on the balance of probabilities.