Tag archives: Legal causation

Your storekeeper’s duty of care

The High Court has held that the owner and manager of a supermarket negligently breached the duty of care it owed to a shopper who was injured trying to stop a loose rack from falling. The customer’s claim arose out of an incident in which he sustained a ruptured bicep when he was shopping at … Continue reading

Causation, the ‘but-for’ test and flexibility

A defendant is not liable unless their wrongful conduct in fact causes the claimant’s harm. The defendant is also not liable merely because their conduct in fact caused the claimant’s harm. There must be both factual and legal causation. The long accepted test of factual causation is the ‘but-for’ test. One asks whether the claimant’s … Continue reading
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