Causation
.pdf
School
Heritage Christian School**We aren't endorsed by this school
Course
ALL COURSES 123
Subject
Law
Date
Dec 19, 2024
Pages
4
Uploaded by GeneralScience15908
Week ThreeCausation and ScopeKey Concepts1.Causation:○Determines whether the defendant’s actions caused the plaintiff’sharm.○Establishing a causal link is essential for negligence claims.○Burden of Proof:■Lies with the plaintiff.■Requires evidence connecting the breach to the harm.2.Tests for Causation:○But For Test:■Asks: Would the harm have occurred but for the defendant’snegligence?○Necessary Condition Test(Section 5D of the Civil Liability Act):■Focuses on whether the defendant’s negligence was a necessarycondition for the harm.3.Scope of Liability:○Examines whether it is fair and appropriate for the defendant’s liabilityto extend to the harm caused.○Combines causation with normative and policy considerations.Legislative Framework●Section 5D of the Civil Liability Act:1.Factual Causation:
■Negligence must be a necessary condition of the harm.2.Scope of Liability:■Must be appropriate to hold the negligent party responsible.3.Exceptional Cases:■Allows for causation in unique situations based on establishedprinciples and policy factors.4.Subjectivity and Statements:■Subjective determination is allowed, but statements madepost-harm are generally inadmissible unless against thedeclarant’s interest.Key Cases1.March v. Stramare:○Driver hit a truck parked across lanes.○Established the importance of common sense, policy, and contributorynegligence in causation.2.Strong v. Woolworths:○Plaintiff slipped on a chip near a food court.○Highlighted the need for occupiers to maintain periodic inspectionsystems.3.Cox v. NSW:○Plaintiff experienced psychological harm due to bullying.○School’s failure to address the bullying established factual causation.4.Ades Palace:○Harm caused during a restaurant fight involving a gunman.○Defendant’s inadequate security was not found to be the necessarycondition for the harm.Additional Considerations
1.Policy and Normative Judgments:○Influence decisions on scope and liability.○Ensure fairness and appropriateness in extending liability.2.Material Contribution:○When multiple factors contribute to harm, defendants can still beliable if their contribution was material and non-negligible.3.Divisibility of Harm:○For divisible injuries, each defendant is only liable for their specificcontribution.4.Psychological Harm:○Requires specific attention and provisions under the Civil Liability Act.Practical Implications●Legal practitioners must:○Distinguish between factual causation and scope of liability.○Navigate legislative provisions and case law to establish necessarylinks.○Apply policy considerations judiciously to argue for or againstextended liability.Week 3 builds on negligence principles by emphasizing the need for clear causalconnections and fair allocation of liability, addressing complexities in causationthrough legislative and judicial frameworks.