Causation Definition

GLOSSARY

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What does Causation mean?

Causation comprises the policy definitions on what in law constitutes a factual connection between an act and a consequence that in some way follows from that act.

For policy reasons, the law requires the prosecution prove a sufficient causal connection between the act or omission complained of and the injury suffered. In this way the law limits liability to consequences which are attributable to the wrongful act or breach, although causation is not dependent on remoteness or immediacy in time. The major test is whether 'but for' the defendant's action, would the victim have been injured in the way that they were. The second aspect to this is whether there was a new intervening act (novus actus interveniens) that came between a wrongful act and its consequences, such that the wrongful act did not truly cause the situation. However, even unusual biological weaknesses in a victim (such as an egg shell skull) do not break the chain of causation, and the Law Reform (Year and a Day Rule) Act 1996 abolished the old rule that the victim

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Liquidated damages in construction contracts—practical tips

Liquidated damages in construction contracts—practical tips This Checklist sets out drafting tips to take into account when drafting or negotiating liquidated damages (LADs) provisions in a building contract. It sets out practical tips and guidance intended to help ensure that LADs provisions in a building contract will be enforceable. The parties must: • ensure that the building contract makes specific provision for the payment/deduction of LADs in the event of delay • retain any correspondence concerning the relevant clause(s) of the building contract, as it will be admissible as evidence of the reasons for the drafting of the liquidated damages clause and the level of LADs set by the contract • ensure that the building contract sets out a trigger date from which LADs will run and provision for this to be re-fixed to allow for any extension of time due to an act of prevention • be able to evidence the steps taken to estimate the loss that would result from late completion—keep a good record of how the...

Professional negligence claims—defendant steps—checklist

Professional negligence claims—defendant steps—checklist This Checklist sets out the position under the Pre-Action Protocol for Professional Negligence claims (the 'Protocol') currently in force. For general guidance on the Protocol, see Practice Note: Professional negligence claims—the pre-action protocol. This Checklist should be read in conjunction with Practice Note: Professional negligence claims—pre-action protocol—defendant issues. For guidance on commencing a professional negligence claim (including with reference to a worked hypothetical set of pleadings and including a template precedent particulars of claim) which may assist a defendant with regard to what they may expect to face, see: • Practice Note: Starting a professional negligence claim—a practical guide • Practice Note: Pleading professional negligence claims—worked hypothetical examples • Precedent: Particulars of claim—professional negligence claim Professional receiving preliminary notice (professional negligence PAP) Requirement to acknowledge receipt of the preliminary notice within 21 days. In so doing, consider: • is any clarification required (unusual since the letter is required to do no more than notify)? • is it appropriate to make early admissions and/or assist the...

Causation and intervening acts in criminal cases

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The Pre-Action Protocol for the Resolution of Clinical Disputes—pre-6 April 2015 [Archived]

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Discover our 554 Practice Notes on Causation

Letter of claim—nuisance (fumes)

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Letter of instruction to clinical negligence expert on causation

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Dive into our 43 Precedents related to Causation

Which remedies are available to a business customer whose supplier has installed incorrect items B, under a contract which specified the requirement for item A, but mistakenly included prices for item B?

Which remedies are available to a business customer whose supplier has installed incorrect items B, under a contract which specified the requirement for item A, but mistakenly included prices for item B? Formation of contract—What have the parties contractually agreed? It is first necessary to identify what the supplier and customer have contractually agreed will be supplied and installed. As such one must first consider all of the communications and discussions between the parties comprising the offer and acceptance process. This will include, without limitation, the detail of the invitation to tender document, the quotation, confirmation of acceptance, invoices and other emails, telephone calls and discussions between the parties relating to the subject matter. Included within those considerations any terms on which quotations and tender documents are purported to be made. A legally binding contract must, among other things, comprise both an offer and acceptance. Practice Note: Forming enforceable contracts—offer analyses the requirements for a legally binding offer, and considers what we mean by 'offer', how...

What obligations does an occupier of land have to a neighbour where Japanese knotweed has spread from their land to neighbouring land?

What obligations does an occupier of land have to a neighbour where Japanese knotweed has spread from their land to neighbouring land? An occupier of land could face liability for the spread of Japanese knotweed to neighbouring land in a number of ways, including: • under section 14 of the Wildlife and Countryside Act 1981 (WCA 1981), which makes it an offence to plant or cause Japanese knotweed to grow • under section 34 of the Environmental Protection Act 1990, which imposes a duty of care on people dealing with controlled waste (Japanese knotweed), to take reasonable steps to keep that waste safe • through a claim for private for private nuisance For more information, see Practice Notes: Japanese knotweed—legal framework and Japanese knotweed—management, which also cover the amendments to the WCA 1981, added by the Infrastructure Act 2015, concerning Japanese knotweed and species control agreements and orders. Private nuisance This Q&A concerns the spread of Japanese knotweed to neighbouring land and so it involves a focus...

See the 97 Q&As about Causation

No reliance on advice meant that claim for damages for negligence failed (Darcliffe Homes v Glanville Consultants)

Construction analysis: The Technology and Construction Court (TCC) dismissed a claim for damages for professional negligence by a property developer against a consultant engineer after finding that the engineer had failed to act with reasonable skill and care, because the property developer had not relied on the advice given and would not have done anything differently had non-negligent advice been given. The court held that the property developer had failed to establish a sufficient nexus between a particular element of the harm for which it sought damages and the subject matter of the engineering company’s duty of care.

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Read the latest 1398 News articles on Causation

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