Causation in tort law refers to the requirement to show that the defendant's breach of duty directly caused the claimant's harm or loss. It involves establishing a clear link between the action and the injury, often using the "but for" test.
Causation is crucial in negligence claims, as it connects the breach of duty to the damage suffered. The "but for" test asks whether the harm would have occurred "but for" the defendant's actions. A famous case illustrating this is Barnett v Chelsea & Kensington Hospital Management Committee (1969), where the court found that the hospital's negligence did not cause the patient's death, as he would have died regardless of their actions. In exams, students may need to apply the "but for" test and consider intervening factors that could break the chain of causation.
Delve into our Tort Law Notes for deeper case law, examples, and revision tips.