Chapter 7 Key facts checklists

Causation in fact

●    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.