Problems of causation in tort of negligence. Law Essay (Essay Sample)
Essay analysing the issues with causation in tort of negligence, linking back to real-life cases.source..
Tort of negligence is a harm suffered by someone, caused by another person as a result of not taking correct care to avoid such event happening, and not foreseeing the risks. The causation can be either factual or legal, which then determines whether the tortfeasor is liable for the damage and compensation thereafter. In the next section we will discuss the applications of causation tests, and its’ limitations in determining responsibility in relation to real cases.
Factual v legal causation
For the defendant to be factually liable of negligence, factual evidence must arise proving that certain actions were the cause behind the damage caused or contributed to such damage . It is difficult to establish the causation between one’s act of negligence and breach of duty, and the damage that follows.
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