LAWS1061 Chapter Notes - Chapter 6: Tort, Hospital Management Committee, Breaking The Chain
Document Summary
Causation limits a plaintiff"s ability to recover damages to only those which were actually caused by the defendant"s negligence. A plaintiff must establish that a defendant"s negligence caused the damages it seeks to recover. [1] in determining causation, the court acts as follows: [3: where there are multiple sufficient causes, all negligent defendants will be held concurrently liable. [4: where there are successive causes causing similar damage: [5: the successive tortfeasor will only be liable for the new damages which his act caused. In an exceptional case: the court is to consider (amongst other relevant things) whether or not and why responsibility for the harm should be imposed on the negligent party. If causation is satisfied, the damages will be recoverable. If the chain of causation is broken, the damages will not be recoverable. This article is a topic within the subject torts. Sappideen, vines, grant & watson, torts: commentary and materials (lawbook co, 10th ed, 2009), pp.
