Causation Principles in Tort Law and Legal Precedents

Understanding Causation in Tort Law

Causation focuses on whether the defendant's (D) carelessness caused the claimant's (C) injury.

The Two Tiers of Causation

• Factual Causation
• Legal Causation

Factual Causation and the 'But For' Test

The link between the defendant's breach and the claimant's loss is known as the 'but for' test. The question is: 'But for' the defendant's actions, would the claimant have suffered the injury or loss?

Case Study: Cork v Kirby MacLean

Denning LJ stated: "If you can say the damage would not have happened but for a particular fault, then the fault is the cause of the damage. But if you say the damage would have happened the same way, fault or not, the fault is not a cause of the damage."

Multiple Tortfeasors

Fairchild v Glenhaven Funeral Services

The claimant suffered from mesothelioma caused by negligent exposure to asbestos by multiple employers. Due to insufficient evidence, the claimant was unable to show which specific employer satisfied causation. Lord Bingham held that the McGhee test would apply when six conditions are met:

1. The claimant was employed at different times and different periods by A and B.
2. A and B failed to take reasonable care to prevent the claimant from inhaling asbestos that might cause mesothelioma.
3. A and B breached their duty in relation to the claimant during the claimant's employment, and the claimant inhaled too much asbestos.
4. The claimant is found to be suffering from mesothelioma.
5. Any cause of the claimant's mesothelioma other than inhaling asbestos can be effectively discounted.
6. The claimant cannot prove the case on the balance of probabilities.

Successive Causes

Baker v Willoughby

The claimant was walking in the middle of the road when the defendant ran into him and injured his leg. Subsequently, the claimant's leg was shot during a robbery. The House of Lords held that the second injury was irrelevant to the damages the defendant had to pay. Lord Reid stated that the causes of the plaintiff's disability and both tortfeasors should pay for the suffering they caused.

Careless Conduct and Intervening Acts

Knightley v Johns

An accident occurred in a one-way tunnel. A police constable failed to close the entrance and instructed another officer to enter the tunnel from the exit. The officer drove his motorcycle and collided with the claimant's vehicle in the tunnel. The claimant brought an action against the driver for the accident, but the defendant was found not liable as the police's actions broke the chain of causation.

Acts of Nature

Carslogie Steamship Co Ltd v Royal Norwegian Government

A ship required temporary repairs and subsequently sustained storm damage which necessitated extra repairs. It was agreed that 10 days were needed for the initial repair and 13 days for the weather damage. The House of Lords held that the storm broke the chain of causation. The defendant was not liable for any loss resulting from the storm damage.