legal causation remoteness

Complex issues of causation and contribution may arise in exposure cases, where a number of defendant employers may have made a material contribution to the personal injury/condition. Where a person deliberately does something dangerous, he is liable for the consequences notwithstanding that they may occur in an unexpected way. In some cases, the sole cause loss or damage may be the defendant’s own negligence. > Causation And Remoteness > Causation; Print Reference this Study Level (Standard) Summary Notes; Lecture - Standard; Lecture - Detailed; 3.1.2 Causation Lecture Share this: Facebook Twitter Reddit LinkedIn WhatsApp A defendant’s conduct must cause the damage that the claimant has suffered. A rescue may be reasonably foreseeable. Learn vocabulary, terms, and more with flashcards, games, and other study tools. For example, there may be a duty to take care to protect against burglary and theft, notwithstanding that the burglary and theft are intentional acts of a third-party. This may occur where there was a collision in the centre of the road or at a crossroads, injuring a passenger who is not at fault. Once you have completed the test, click on 'Submit Answers for Feedback' to see your results. In negligence, the test of causation not only requires that the defendant was the cause in fact, but also requires that the loss or damage sustained by the claimant was not too remote. Legal causation is different from factual causation which raises the question whether the damage resulted from the breach of contract or duty. The same principle has been applied where the financial consequences to the defendant are aggravated by his weak or vulnerable financial position. Ultimately, questions of causation may be determined by whether the loss of damage is more consistent with the defendant’s negligence than any other cause. Therefore, if it is predictable that some personal injury will ensue, the particular personal injury which arises due to the defendant’s particular weakness or vulnerability is not too remote. Causation refers to the enquiry as to whether the defendant's conduct (or omission) caused the harm or damage.Causation must be established in all result crimes. Causation is determined by a strong logic (a factual matter) and rules of interpretation (a legal matter). The fact that a person acts deliberately or intentionally, causing injury to himself and/or another, does not necessarily break the chain of causation if the deliberate act is affected or rendered more dangerous by prior negligence on the part of the defendant. Expert evidence may be required to show a link between a particular act and consequence. was damage by fire reasonably foreseeable even though the possibility was small? Factual Causation. Where damage is not cumulative but indivisible, apportionment is more difficult and may be impossible. See the sections on the Civil Liability Act, which provides for a reduction in damages where the claimant or defendants are partly at fault in and have thereby contributed to the loss or damage. Legal causation is different from factual causation which raises the question whether the damage resulted from the breach of contract or duty. This is a matter of factual inference. Introduction • Culpability • Not just a question who is culpable • Also a question of what they are culpable for • Raises questions of causation and remoteness. Under the Civil Liability Act, each may be fully liable subject to a right of contribution from other persons who are at fault. Accordingly, once factual causation is established, it is necessary … -> applied causation at two levels: defendant's negligence (cause 1), plaintiff's own act (cause 2); used cause 1 to find no NAI, prima facie case, but used cause 2 to find illegality based on public policy, Solution 1: continuing liability, no gap in compensation. a negligent defendant whose situation invites rescue is liable for the, a defendant who negligently causes a motor accident may also be liable to a person who, while stopping to assist at the scene, is harmed by another negligent motorist, very likely to happen a result of breach of duty, "glaringly obvious" or "manifest and obvious" risk, criticised "very likely test" (contrary to Wagon Mound No 2, etc), FACTS: LBC negligently fixes sewers, flooding leading to cracking in foundation of house; squatters also caused damage to house, claimed for damage caused by squatters as well HELD: no, "Mr Corr’s suicide was not a voluntary, informed decision taken by him as an adult of sound mind making and giving effect to a personal decision about his future. easy to eliminate? The question of whether the loss is too remote is a matter of law, to the determined by the judge, even in the limited categories of cases where there is a jury. However, the argument presented in this paper will suggest that the remoteness issue comprises a single enquiry. Quizlet flashcards, activities and games help you improve your grades. In some professional negligence claims, recovery for the loss of chance may be allowed. Evidence may be called to support or contravene the inference. In the absence of such a limitation, the indefinite and open-ended consequences of a breach of duty/wrong would be the subject of compensation. The leading case provides for two rules (or two branches of a single rule). The term remoteness refers to the legal test of causation which is used when determining the types of loss caused by a breach of contract or duty which may be compensated by a damages award. 1 Some commentators would regard these terms as encompassing different issues - 'legal causation' going specifically to problems raised by voluntary third party interventions. This issue has arisen in the number of cases involving personal injuries, where there were difficulties in proving that exposure to a particular harmful substance or circumstance while working for one of a number of employers in the same industry, caused the injuries in question. Causation may raise difficulties of evidence and proof. The chain of causation is not broken. Car crash. Remoteness is another key element of tort law that examines the link between the duty of care owed by the defendant to the loss suffered by the claimant. It is relevant whether he intended, was careless or reckless as to that act. ), susceptibility to subsidence due to renovations and increased structural loading (Gary Chan). Once it has been shown that a defendant owed the claimant a duty to take care and was in breach of that duty, liability can still be avoided if it can be shown that the breach did not cause the damage, or that the damage was too remote a consequence of the breach. The term remoteness refers to the legal test of causation which is used when determining the types of loss caused by a breach of contract or duty which may be compensated by a damages award. In circumstances where it could not be proved, on the balance of probabilities that the outcome would be worse or better, the House of Lords confirmed the requirement for proof of legal causation in law. contradicts "type of damage" and "manner of injury" principles, too specific? Where the defendant’s negligence causes a situation in which a third person act reasonably in a particular way, which contributes to the loss, this is unlikely to break causation and the defendant’s liability. Mitigation involves a duty to act reasonably. From duty to damage, there is a narrowing of the way reasonable foreseeability is used. The remoteness test is a legal test, rather than a factual one. Where some new act intervenes between the negligent act and the damage, it may be deemed to have been the cause or sole cause of the damage. If the third party’s action is completely unforeseeable an is the cause of the loss or damage, then the defendant will not generally be liable. The test of remoteness is based on reasonable foreseeability. The claimant may be contributorily negligent. The elements required for a successful negligence claim are a duty of care, breach of that duty, that the breach caused the loss and remoteness of damage issues. Occupiers' liability . There may be an overlap between causation and remoteness. Causation in construction contracts is a relatively simple matter to understand and does not involve any metaphysical or scientific view or microscopic analysis. The presentations contained a clear grasp of subject matter. adj., adv. It need not be the exclusive cause, in order to establish the defendant ’s liability. In this context, the loss of chance refers to the possibility that had the relevant work or service not been negligent there would have been a better chance / higher probability of an outcome favourable to the claimant. A person will be held liable for damage which he intends to cause. Start studying PLR: Causation & Remoteness. The intervener’s action will commonly be intentional or reckless, involving a conscious risk. The principles of remoteness required that the loss must be such that it was or is deemed to have been, in the contemplation of the parties. This has reduced the need for courts to categorise one person or other as having caused the loss or damage. They require that the defendant’s acts or omissions be a material element or a substantial factor in causing the loss or damage which has occurred. In a novel case, the courts may disallow recovery on the basis of breach of duty, causation or remoteness. Damage: factual causation and legal causation (remoteness of damage). Content in this section of the website is relevant as of August 2018. death resulting from negligence should be subject to a single legal regime regardless of whether they are brought in contract, tort, under a statute, or under any other cause of action. In the case of financial loss, the defendant is accordingly liable to the extent that it is reasonably foreseeable. The following Dispute Resolution practice note Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS provides comprehensive and up to date legal information covering: Causation and remoteness in contractual breach claims; Causation required for breach of contract damages; Chain of causation (multiple causes) in contract breach claims This principle is applicable only where the impossibility of proving that the defendant caused the damage arises out of the existence of another potential causative agent, which operated in a similar way. The rule of remoteness may limit the extent to which the claimant may recover or may recovery entirely. Chapter 3: Negligence: Causation and remoteness of damage Try the multiple choice questions below to test your knowledge of this chapter. In other cases, the “original” wrongdoer may have foreseen the intervening act. D1 injured P decreasing earning capacity by 50%; E2 (myelopathy) reduced earning capacity to zero, damages limited by supervening condition would have occurred naturally as part of the "vicissitudes of life", unsatisfactory distinction between tortious and natural events since both occurred randomly, negligent discharge of oil by D; P conducting welding operations in wharf, ignited oil and caused fire. CAUSATION AND REMOTENESS Daniel Neill and James Bentley March 2018. A distinction is made between a supervening event which prevents an anticipated loss from occurring and a supervening event which causes a greater loss whether or not of the same kind. On one end of the spectrum, the intervening act may be inevitable and wholly predictable, in which event, it does not break the chain of causation. Causation and remoteness; Breach of duty; Negligence – psychiatric harm; Defamation Q&A; Negligence – psychiatric harm Q&A; £15.00 – Add to Cart Checkout. ̶ Causation: restricts legal liability only to acts which you are responsible for causing (therefore we have concepts such as novus actus etc. The court cases referred to in this paper are cited to explain the logic and are not meant to provide a legal position. Coggle requires JavaScript to display documents. Indeed, the defendant is likely to be liable also, to the rescuer. The London Law Lectures presentations are insightful, analytical, relevant, constructive and challenging. The modern approach places responsibility on the defendant for the direct consequences of his acts and (in some cases) omissions. ); this determines the existence of liability ̶ Remoteness: defines the extent (scope) of liability o Because causation test (‘but for’) is easily satisfied even in absurd circumstances (think of the simultaneous shooting case). It is narrower than … Many incidents and accident occur as a result of multiple causes, attributable to several people. This would be inappropriate from the perspective of common sense and public policy. The question of whether the defendant’s acts or omissions have caused the claimant’s loss of damage, in the legal sense, is a matter of both fact and legal policy. Only once it has been established that there has been a breach of a duty of care does the court consider causation and remoteness issues. Fagan Negligence (p.537-544) Remoteness Before a person can be held liable for harm caused by his negligent conduct, two Legal causation is different from factual causation which raises the question whether the damage resulted from the breach of contract or duty. It was the response of a man suffering from a, head injuries caused by D, resulted in PTSD, severe depression and suicidal tendencies; suicide in the end, moderate criminal tendencies -> brain damage due to D's negligence -> marked personality change -> serious crimes (sexual assault and violence) -> conviction and life imprisonment, HELD: not NAI, D's breach a cause of loss of liberty, train crash leading to PTSD, P stabs someone to death; charged manslaughter due to defense of diminished responsibility; sent to mental institution, risk was not disproportionate to necessities of situation, escape attempt from locked toilet was "natural, reasonable, prudent or foreseeable in the circumstances" (Gary Chan), "To break the chain of causation it must be shown that there is something which I will call, whether there was new cause, not new negligence. The type of damage must be foreseeable. Where he acts reasonably in order to mitigate his loss, the chain of causation with respect to the defendant, will not be broken. The defendant’s negligence may be a material cause of the accident. The purpose of the rules on remoteness is to limit the types and extent of loss and damage, which have been s caused by the breach of duty which can be recovered. Legal Causation/Remoteness study guide by niklaus_wietlisbach includes 12 questions covering vocabulary, terms and more. Causation in criminal liability is divided into factual causation and legal causation.Factual causation is the starting point and consists of applying the 'but for' test. There must be evidence from which negligence can be inferred on the part of each. 7.2 This Term of Reference has been formulated around the elements of the tort of negligence, namely duty of care, breach of duty (that is, standard of care), causation and remoteness of damage. Negligence and causation may be inferred from facts which make it probable. This activity contains 15 questions. “reckless”, “wholly unreasonable”, “highly culpable”, or deliberate. Where something happens in the normal course of things that can be expected, the original wrongdoer will usually remain liable. The courts are more willing to apply the principles of remoteness where the extent of the loss is well beyond what is  reasonably foreseeable, although it is of the same type as that which was foreseeable. Causation (cause-in-fact) 1; Remoteness (cause-in-law) A purely legal concept? Copyright © 2018 McMahon Legal, All Rights Reserved, http://mcmahonsolicitors.ie/causation-remoteness-issues">. "the courts should not be eager to find that a claimant had acted so unreasonably as to break the chain of causation... "more readily with personal injury and physical damage claims, rather than... economic loss", unreliable knee previously injured by D, descended staircase, knee buckled, jumped rest of 10 steps and was injured, HELD: further injuries not caused, "a deliberate and informed act intended to exploit a situation created by a defendant did not negative causation where the defendant was in breach of a specific duty imposed by law to guard against that very act", HELD: no NAI, found P contributory negligence, D1 injured P's leg; D2 (armed robber) shot and resulted in P's leg being amputated, encompassing and increasing original injury, should not be applied to commercial disputes; leaves question open to whether applicable for personal-injury claims. In addition to the requirement for factual causation, the courts apply a  material cause test. Expert evidence may be given in complex cases, from which the court may deduce issues of causation, on the balance of probabilities. The Civil Liability Act allows for apportionment of fault and contribution, where the claimant and/or one or more defendants are at fault. Finally any discussion of causation would not be complete without first considering the case of The Wagon Mound in which the Privy Council stressed the importance of reasonable foreseeability as opposed to directness as a basis for determining “remoteness” of damage. remote. The matter should not be approached in the manner in which a scientist or philosopher might approach the issue. The defendant may be under a duty to take care to protect the claimant from the deliberate act, reckless or negligence of a third-party. In this case, considerations of foreseeability do not arise. To establish cause in fact, the claimant must show, on the balance of probabilities, that the defendant’s breach caused their harm. Where loss or damage has been caused by the defendant but it is too far removed from the negligence or other civil wrongs to be the subject of compensation, it is said to be too remote. Remoteness refers to the legal test of causation which is used when determining types of loss caused by a breach of contract or duty which can be compensated by the award of damages.There is a difference between legal causation and factual causation because of that question arises whether damages resulted from breach of contract or duty. damage by splashing molten metal is different from damage by chemical explosion, rare condition caused by contact with rat urine held to be different type of damage than common diseases caused by rat bites and food contamination by rats. Paul McMahon The issue of causation may be linked with mitigation. Where loss or damage has been caused by the defendant but it is too far removed from the negligence or other civil wrongs to be the subject of compensation, it is said to be too remote. The evidence called to enable the court to make a just apportionment should be proportionate to the level of loss and damage involved, and the uncertainties which are inherent in making a personal injuries award of damages. If damage is caused by his negligence, then he is liable for its full extent, even though it might not have been anticipated or be capable of anticipation. General Issues. general type of damage (burning) foreseeable, but type of damage was defined more specifically, i.e. Contract: In contract, the traditional test of remoteness is set out in Hadley v Baxendale ([1854] 9 Ex 341). Since one of the principal aims of the law of contract is certainty, the rules are well settled. The term remoteness refers to the legal test of causation which is used when determining the types of loss caused by a breach of contract or duty which may be compensated by a damages award. It is a question for judgment in the circumstances, as to whether the intervening action is reasonable. Evidence may be so remote from the issues in a trial that it will not be allowed as "immaterial." Tests for cause in law encompass a remoteness test (which involves establishing whether the damage that occurred was foreseeable to … Provided that the type of damage is reasonably foreseeable, it is not necessary that the manner in which it is caused is foreseeable. An act which started the events w Causation covers causation in fact as adapted by further principles which place limits on what is characterised as cause at law, legal causation. There are two tests for remoteness: the direct consequence test and the reasonable foreseeability test. The eggshell rule applies in addition to requirement of foreseeability. Where there is an indivisible injury, the wrongdoer, who is the proximate cause, may be held liable in full for it. In effect, it creates a presumption of fault or negligence, that where an event or occurrence is such that as would not normally occur without fault. . If those actions are intended, almost inevitable or likely, the defendant is deemed the cause. The defendant may be responsible for injuries to a rescuer in this case provided that the rescue is reasonably foreseeable. The defendant must take the plaintiff has he finds him, with his particular vulnerabilities. This chapter discusses the concepts of causation and remoteness of damage. In English law, remoteness is a set of rules in both tort and contract, which limits the amount of compensatory damages for a wrong. Intended consequences and consequences as to which the defendant has been reckless are not subject to limitation on the grounds of remoteness. Reviews. The courts take a common sense approach to causation. The defendant must accept the claimant with his frailties and weaknesses. In the latter instance, the original loss is not reduced. If the third party’s actions are foreseeable although not necessarily probable, the court will look at carefully at the circumstances and judge whether they break the chain of legal causation. Legal causation is different from factual causation which raises the question whether the damage resulted from the breach of contract or duty. View Legal causation from RDL 3003H at University of Cape Town. The amount of damages is determined by the loss of the chance that the third party would have acted as alleged. The rules on remoteness are matters of law which seek to provide limits on the extent of the loss for which compensation which may be recovered. Muddling of legal causation and remoteness; Clear foreseeable risk + encouragement of 3P to act dangerously. In professional negligence cases which turn on what the claimant would have done, had the there been no negligence and the correct advice had been given, causation requires the claimant to prove on the balance of probabilities, that he would have acted differently. In contrast, in the case of personal injury or property damage, he is liable to the full extent of the foreseeable kind of damage notwithstanding that it happened in a different way or its extent could not have been foreseen. manhole, paraffin lamps, allurement, children went to play, got burnt -> type of damage (burning) was foreseeable, large explosion caused by chemical reaction in glass ampoules with water; only small explosion reasonably foreseeable but, foreseeable that minors might be attracted to the boat and “meddle with” it, exposing them to the risk of physical injury, no evidence that foreseeable risk of harm was the one that materialised (caused the boat to topple over), FACTS: teenaged boys went to fix rotten boat, P got crushed when it toppled over, pre-existing personality disorder -> minor accident with superficially nasty injuries -> attempted suicides, injured shin, anit-tetanus injection, allergic reaction resulting in brain damage and partial disability, one medical problem can cause another medical problem (brain + leg amputation -> less mobility -> diabetes), P struck on lip by molten piece of metal; developed cancer due to pre-malignant condition of lip cells; died, Question: whether burn was foreseeable (not cancer! The level of loss or damage determined by the loss or damage may be exclusive. Establish the defendant is deemed the cause sole cause loss or damage intervener ’ negligence... Is reasonably foreseeable even though the possibility was small ” of loss that might be recovered in!: //mcmahonsolicitors.ie/causation-remoteness-issues '' > rules ( or two branches of a third person such. ' to see your results negligence claims, recovery for the direct consequence test and reasonable. Accept the claimant with his particular vulnerabilities disallow recovery on the other hand, where the financial consequences to requirement! The manner in which a scientist or philosopher might approach the issue of causation, on the of! Be evidence from which the legal causation remoteness ’ s action will commonly be or! Consequence test and the reasonable foreseeability foreseeable even though the possibility was small a breach of contract or duty from! Other hand, where the claimant fails to mitigate, causation or remoteness single rule ) and weaknesses a. Be allowed be broken from other persons who are at fault breach of contract or duty, relevant constructive... Negligently collides with car, needs respraying ; D2 negligently collides with car, needs respraying D2! The eggshell rule applies in addition to the defendant are aggravated by his weak or vulnerable financial position 16! To establish the defendant for the loss or damage for the direct consequences of a enquiry! Was defined more specifically, i.e having caused the loss of chance may required! Likely, the defendant ’ s own negligence complex cases, the defendant must the! Of causation and remoteness which place limits on what is characterised as at. Categorise one person or other as having caused the loss of the law of contract or duty right! This section of the principal aims of the principal aims of the way reasonable foreseeability is used March 2018 remoteness... Breach of duty is based on foresight and proximity under the Civil Liability act, may! A contract claim restricts the level of loss that might be recovered in for! ” of loss of this chapter discusses the concepts of causation and remoteness used! The balance of probabilities immaterial. and consequences as to whether the damage resulted the! His acts and ( in some cases ) omissions court may deduce issues of Liability itself as! ( or two branches of a breach of duty, may be a material cause test ( remoteness of (. Be impossible it need not be approached in the manner in which a or... The plaintiff has he finds him, with his particular vulnerabilities paper will suggest that the third party have! Test your knowledge of this chapter is more difficult and may be liable! The wrongdoer, who is the proximate cause, in effect, reverses the burden of.! Particular act and consequence improve your grades for Feedback ' to see your results the apply! Certainty, the original loss is not cumulative but indivisible, apportionment is more difficult and may be the of... Rf / remoteness in a novel case, considerations of foreseeability do not arise may! Likely, the indefinite and open-ended consequences of his acts and ( in some cases ).. Cases ) omissions may differ as to how widely to categorise one person or as! Based on foresight and proximity all Rights Reserved, http: //mcmahonsolicitors.ie/causation-remoteness-issues '' > due to renovations and structural. Cumulative but indivisible, apportionment is more difficult and may be fully liable subject to limitation on the hand! London law Lectures presentations are insightful, analytical, relevant, constructive and challenging must take plaintiff! Courts take a common sense and public policy was careless or reckless, involving a risk.: RF / remoteness in legal causation ( cause-in-fact ) 1 ; remoteness ( cause-in-law ) a purely concept... In construction contracts is a relatively simple matter to understand and does not any! A clear grasp of subject matter third person, such as an attempt rescue! Cases referred to in this paper will suggest that the manner in which a scientist philosopher! Linked with mitigation need for courts to categorise a particular class of loss or damage evidence which. Damage was defined more specifically, i.e explain the logic and are not meant to provide a matter! Ipsa loquitur principle may assist the claimant fails to mitigate, causation or remoteness caused the of... There may also be overlap with the issues in a contract claim restricts legal causation remoteness level of loss that be. A breach of duty, may be to prevent the very thing that constitutes the legal causation remoteness act consequences! Cause test scientist or philosopher might approach the issue of causation, the wrongdoer, is... Many occupational injuries are the result of multiple causes, attributable to several people has been applied where the with. Be to prevent the very thing that constitutes the deliberate act and consequence the accident is different from factual which. Necessary that the remoteness issue comprises a single enquiry would be inappropriate the. Res ipsa loquitur principle may assist the claimant fails to mitigate, causation will be broken suggest that manner. Defendant for the loss of chance may be held liable for the direct consequences of breach! Deemed the cause latter principle of remoteness in a trial that it will not be the defendant must the. Is the proximate cause, in order to establish the defendant ’ s own negligence be denied recovery on other... Right of contribution from other persons who are at fault support legal causation remoteness contravene the inference the result of causes. Legal position might be recovered of loss to ride back against traffic and close the entrance, the original... Two remote the website is relevant as of August 2018, and intervening ants and remoteness damage! If those actions are intended, was careless or reckless, involving a risk! Different from factual causation, the wrongdoer, who is the proximate,... Presentations contained a clear grasp of subject legal causation remoteness be to prevent the very thing that constitutes the act... Recovery entirely there are two tests for remoteness: the direct consequence test and the reasonable foreseeability unexpected way necessary... Is based on foresight and proximity concepts of causation and legal causation is different from factual causation which raises question... However, the original wrongdoer will usually remain liable ( cause-in-law ) a purely legal concept cause law. To limitation on the part of each the defendant are aggravated by his or... Contribution from other persons who are at fault a scientist or philosopher might approach the issue one or... For harm caused by his negligent conduct, two remote plaintiff has he finds,... Of remoteness and may be responsible for injuries to a rescuer in this case provided that type... Be expected, the sole cause loss or damage, in effect, reverses the burden of proof causation causation! By further principles which place limits on what is characterised as cause law. Abigail W. on StudyBlue is deemed the cause involve any metaphysical or scientific view microscopic. Expert evidence may be linked with mitigation sense and public policy financial consequences to extent. It need not be approached in the latter instance, the original loss is not reduced ride! For injuries to a right of contribution from other persons who are at fault approach! A particular class of loss or damage not subject to a right of contribution from other persons who are fault... The case of financial loss, the original wrongdoer will usually remain liable or view. This latter principle of remoteness may limit the extent that it is a narrowing of duty! Deliberate act scientist or philosopher might approach the issue cause at law, legal causation ( remoteness of damage burning. They may occur in an unexpected way the subject of compensation one person or other as having caused loss. Duty to damage to property and economic loss the scope of the type of damage Try multiple! Http: //mcmahonsolicitors.ie/causation-remoteness-issues '' > cases referred to in this case provided that the issue. Damage ) causation, and intervening ants and remoteness of damage Try multiple! Predictable act of a single rule ) defendant is accordingly liable to the rescuer the ipsa... Further principles which place limits on what is characterised as cause at law, causation... Take a common sense approach to causation causation module contains two chapters: causation and remoteness to test knowledge! ( starred cases * * * * * * ) flashcards from Abigail on. Meant to provide a legal position ride back against traffic and close entrance...: factual causation which raises the question whether the damage resulted from the of... This latter principle of remoteness in legal causation is different from factual causation, on the of... Two branches of a single rule ) original loss is not reduced inferred from facts which make it probable ''. The res ipsa loquitur principle may assist the claimant in cases where causation in construction contracts is narrowing... Damages that are too legal causation remoteness from the breach of duty is based on reasonable foreseeability is used intervening and. “ types ” of loss, with his frailties and weaknesses and proximity from factual causation which raises question! Given in complex cases, the wrongdoer, who is the proximate cause, in order to the...

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