ABSTRACT
To successfully establish negligence, the claimant must prove two things, that the defendant's act was the factual cause of the harm and that it was the legal cause of the harm. If there are two or more causes of the claimant's loss the 'but for' test does not work. One alternative test developed by the courts is the test of 'material contribution'. The Privy Council has said that the causes do not have to be concurrent and can be consecutive. The test of material contribution can be used if two factors cumulatively cause harm. Even when it has been established that the defendant's negligent act has factually caused the harm to the claimant it still has to be determined as a matter of law, whether the defendant should be liable. The test to decide this is the test of remoteness; if the damage is too remote from the defendant's act the defendant will not be liable.
