Causation AO1

What must the claimant prove?

C must prove factual causation

What is the test used for factual causation? What does it mean?

The But For Test: ‘but for D’s acts/omissions, the end result would not have happened.’

Factual Causation: Barnett?

No factual causation- the man was going to die anyway

What must the damage/harm be?

Reasonably foreseeable (not to remote)

Reasonably foreseeable: Wagon Mound Case

Lays out the rule: if the damage/harm isn’t reasonably foreseeable, then D is not liable

What must the type of injury be?

Foreseeable

Type of injury: Hughes?

A burn was foreseeable- it was from a paraffin lamp

What is the egg shell/thin skull rule?

D must take their V as they find them (Blaue)

Egg shell skull rule: pre-existing medical condition

D is still liable

Pre-existing medical condition: Smith

C’s death was due to cancer but was triggered by the metal - D was liable