TORTS LECTURE 7. CAUSATION & DAMAGE. Clary Castrission [email protected] NEW HIGH COURT CASE IN 2012. Woolworths Limited v Strong & Anor  NSWCA 282 (2 November 2010)
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TORTS LECTURE 7
CAUSATION & DAMAGE
Duty of care
(a) that the negligence was a necessary condition of the occurrence of the harm ( "factual causation"), and
(b) that it is appropriate for the scope of the negligent person’s liability to extend to the harm so caused ( "scope of liability").
1. Factual causation (cont)Limitations on the ‘but for’ test
D will avoid liability if the subsequent act that exacerbated/caused the injury was not reasonably foreseeable: March v Stramare.
“A necessary condition is a condition that must be present for the occurrence of the harm. However, there may be more than one set of conditions necessary for the occurrence of particular harm and it follows that a defendant’s negligent act or omission which is necessary to complete a set of conditions that are jointly sufficient to account for the occurrence of the harm wll meet the test of factual causation within s5d(1)(a).: (per French CJ, Gummow, Crennan and Bell JJ at 20)