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Elements Duty, Breach, Causation, Scope of Liability, Damages Form

Elements Duty, Breach, Causation, Scope of Liability, Damages Form

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in this lesson we are going to look at causation damage and remoteness now once a duty of care has been established and we find out that it has been breached by the defendant we must look at whether the action that was done by the defendant caused the actual harm now while this might seem simple at first when you go into case law and when you go into the theory of it you'll understand that it's it's not so simple for instance where there are multiple people involved or when the damage is not as clear-cut so we look at each of these in turn now the original test for causation was the same as it was seen in criminal law as in the cinah qua non or but-for test where the defendant must have done the sole act which caused the damage as seen in Barrett and Chelsea medical management now as I said earlier it's not as clear-cut so what happened was when we employ this particular test the but-for test in causation it became quite lenient in relation to the defend

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