The Relevance of Causation and Remoteness in Negligence

The Relevance of Causation and Remoteness in Negligence


In law, there are some aspects that have to be understood very clearly to avoid people being prosecuted for wrongs they have nod committed or failing to be prosecuted for the wrongs they have committed. In negligence, damage has to be proved in order for one to be found guilty. In this case, whenever there is a breach of duty, the complaint has to prove that the breach resulted in an injury or damage and that the injury or damage is closely related or associated to the breach. The links between the breach and the obligation imposed by the law of a country are indicated by causation and remoteness. The two concepts are different in that, causation is commonly regarded as an accurate as well as logical truth while as remoteness is a legal question that is commonly based on the considerations of policy about the appropriate extent of a defendant’s liability.

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Lunney, M. & Oliphant, K. (2008) Tort Law: Text and Materials. New Jersey: Wiley, 210-227

Mulheron, R. (2010) Medical Negligence: Non- Patient and Third Party Claims. London: Prentice Hall, 52-76

Ronger, E. (1994) Winfield and Jolowicz on Tort, latest edition. Sydney: Sweet and Maxwell Ltd, 33-78

The City Law School. (2008) Professional Negligence Litigation in Practice. Sydney: Wiley, 19-45