Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. In addition to duty of care and breach of that duty, the third essential element to bring a successful action in negligence is causation of damage. In other words, the claimant must prove on the balance of probabilities that the breach caused his damage. The defendant cannot be made liable for the harm suffered by the claimant if he is not responsible, or partly responsible, for such harm—even if he has been negligent. The question of causation can be divided into two issues: causation in fact and causation in law (also known as remoteness). The primary means of establishing factual causation is the ‘but for’ test. Reasonable foreseeability of damage of the relevant type (Wagon Mound) is required to establish that the claimant’s injury is not too remote. The chain of causation may be broken by unreasonable or unforeseeable acts or events (novus actus interveniens).
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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. In addition to duty of care and breach of that duty, the third essential element to bring a successful action in negligence is causation of damage. In other words, the claimant must prove on the balance of probabilities that the breach caused his damage. The defendant cannot be made liable for the harm suffered by the claimant if he is not responsible, or partly responsible, for such harm—even if he has been negligent. The question of causation can be divided into two issues: causation in fact and causation in law (also known as remoteness). The primary means of establishing factual causation is the ‘but for’ test. Reasonable foreseeability of damage of the relevant type (Wagon Mound) is required to establish that the claimant’s injury is not too remote. The chain of causation may be broken by unreasonable or unforeseeable acts or events (novus actus interveniens).
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Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Wallace. The document also included supporting commentary from author Jonathan Herring.
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Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Pagett (1983) 76 Cr App R 279, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
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Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Kuddus [2019] EWCA Crim 837, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
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Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v A [2020] EWCA Crim 470, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
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Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Wallace [2019] EWCA Crim 690, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
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Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Field [2021] EWCA Crim 380, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
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Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Pagett (1983) 76 Cr App R 279, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
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Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Cheshire [1991] 1 WLR 844, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
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Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Kuddus [2019] EWCA Crim 837, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
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Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Overseas Tankship (UK) Ltd v Morts Docks & Engineering Co. Ltd (The Wagon Mound No 1) [1961] AC 388. The document also included supporting commentary from author Craig Purshouse.
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Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Pagett (1983) 76 Cr App R 279, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
Chapter
Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Wallace. The document also included supporting commentary from author Jonathan Herring.
Chapter
Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Cheshire [1991] 1 WLR 844, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
Chapter
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Overseas Tankship (UK) Ltd v Morts Docks & Engineering Co Ltd (The Wagon Mound No 1) [1961] AC 388. The document also included supporting commentary from author Craig Purshouse.
Chapter
Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Cheshire [1991] 1 WLR 844, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
Chapter
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Overseas Tankship (UK) Ltd v Morts Docks & Engineering Co. Ltd (The Wagon Mound No 1) [1961] AC 388. The document also included supporting commentary from author Craig Purshouse.
Chapter
Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Kuddus [2019] EWCA Crim 837, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
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This chapter examines the issues of causation and remoteness in negligence, which basically concern the links between breaches of duty and the consequences of those breaches and the strength of those links. The chapter considers in detail causation in fact, causation in law, and remoteness of damage. We find that courts have developed several important exceptions to the ordinary ‘but for’ test of factual causation, including the Fairchild principle. Fairchild can be considered as a departure from the normal requirement that the claimant must prove factual causation of damage. Legal causation is tested by looking for unexpected events called novi actus intervenientes. Remoteness is an issue of foreseeability of damage.
