ABSTRACT

This chapter describes the usual means of establishing causation in fact, the ‘but for’ test. It discusses the problems that arise in proving causation in fact where there are multiple causes of the damage. The chapter explains the possible effects on the liability of the original defendant of a plea of novus actus interveniens, where the chain of causation has been broken. It also describes the requirements for a plea of res ipsa loquitur, and the effects of a successful plea. The chapter analyses the concepts of causation in law and causation in fact and examines the tests to factual situations to determine whether the defendant has caused the damage suffered by the claimant. The simplest proposition, and the effective starting point in establishing causation, is to say that the defendant will only be liable in negligence if the claimant would not have suffered the damage ‘but for’ the defendant’s negligent act or omission.