Breach of duty and causation
20th November 2013
Christopher Sharp QC and Matthew White analyse recent developments and provide practical advice…Must a claimant prove that a defendant’s breach of duty caused their loss before being entitled to recover damages from the defendant? Your instinct will be shouting ‘yes’. A more accurate answer would be ‘sometimes’. Your instinct will be based on the proposition that ‘he who asserts must prove’, and your knowledge that as the claimant asserts that the breach of duty caused the loss they must prove as much.