Page 88 - PRINCIPLE OF LAW- FINAL (eISBN) pdf

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(iii) Damage

✓ Plaintiff need to prove is that damage was caused by

the defendant’s breach of duty.

✓ 2 types of damage:

i. Causation in Fact:

▪ The but-for test:- must prove that the harm

would not have occurred ‘but for’ the negligence

of the defendant.

▪ Multiple causes:- there are number of possible

causes of injury, the claimant must proof that the

defendant’s breach of duty caused the harm or

was a material contribution.

▪ Concurrent causes:-where 2 or more acts result

in damage or any one of the acts could have

produce a same damage. All parties responsible

will be held liable for the whole damage.

▪ Consecutive or successive cause:- if there are 2

occurrences and the first incident is tort, the

second incident may wipe out all erase the earlier

wrong.

ii. Causation in Law/Remoteness of Damage

▪ Defendant only liable if it is reasonably

foreseeable that his conduct will result in some
damage to the plaintiff.

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