1) The final hurdle in a negligence case is for the claimant to prove a clear link between the harm caused, and the breach of duty of care. The ‘but for’ test is used to establish this link.
2) The claimant must prove that ‘but for’ the defendant’s actions the damage would not have occurred – Barnett V Chelsea.
3) Furthermore the claimant must prove the losses sustained were foreseeable per the rules in Hadley V Baxendale as in the case of The Wagon Mound.
4) The impact of the defendant’s negligence can be further restricted where it can be proved that ‘ novus actus interveniens ‘ (a new act intervening) has occured. In such cases the actions of a natural event, third party, or the claimant themselves may break the chain of causation limiting a tort claim up to the point of the new act.
Breach Of Duty Of Care (Causation)
