● Causation, the third part of the ‘negligence equation’ (see Figure 7.1), is both fact-based and policy-based.
● Causation is divided into: ‘causation in fact’ and ‘causation in law’ (or ‘remoteness’).
● Causation in fact can be addressed by the ‘but-for’ test.
● Causation must be established on the balance of probabilities.
● This area of the law involves some conceptual issues which can prove challenging for students.
● The but-for test is inadequate to establish causation in a number of different situations: unknown causes, cumulative causes, and consecutive causes.
● This chapter must be studied in conjunction with Chapter 8.