EP.11 - Duty of Care: Causation & Remoteness

Just Torts the Podcast

Factual causation and scope of liability, more commonly referred to as causation and remoteness, form the recipe of the third step of the negligence calculus. The Civil Liability Act prescribes a two-step approach for determining whether the damage should be deemed too remote from the original tort. But is it sufficient, logical, easy to work with? On this episode we hear it from Professor Barbara McDonald, the guru in this area. Tune in for some of her signature examples, and her explanation behind the most recent attempts to improve CLA.