Show Summary Details
Page of

(p. 180) 8. Causation and remoteness of damage 

(p. 180) 8. Causation and remoteness of damage
(p. 180) 8. Causation and remoteness of damage

Kirsty Horsey

and Erika Rackley

Page of

PRINTED FROM OXFORD LAW TROVE ( © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Law Trove for personal use (for details see Privacy Policy and Legal Notice).

date: 15 October 2018

This chapter discusses the concepts of causation and remoteness of damage. Once it has been shown that a defendant owed the claimant a duty to take care and was in breach of that duty, liability can still be avoided if it can be shown that the breach did not cause the damage, or that the damage was too remote a consequence of the breach. Causation is initially determined on the balance of probabilities-a ‘but for’ test. A causation problem usually occurs when we look at the damage and see that it was actually caused by a number of different factors either combining together to bring about the damage, or each being sufficient in and of itself to have done so but where it cannot be determined which factor actually caused the harm. A remoteness problem can arise in two different situations: where the claimant is a foreseeable claimant and the damage has in fact been caused by the defendant’s act, but where the damage is either unpredictable in extent or unpredictable in nature.

Access to the complete content on Law Trove requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access code, please see the information provided with the code or instructions printed within the title for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can't find the answer there, please contact us.