Explain Requirement for Liability under Tort Law

Question

Explain the causation as a Requirement for Liability under Tort Law?

Answer 1

As is the case with negligence in general, a duty of care owed to the plaintiff and a breach of that duty are necessary but not sufficient conditions for liability. There must also be a clear causal link between the breach of the duty by the defendant and the injury suffered by the plaintiff. A plaintiff must have relied on the negligent misrepresentation before that misrepresentation can be said to have "caused" the plaintiff's loss. Reliance includes the willing cooperation of the plaintiff—an element not present in the commission of most torts. Therefore, proving causation is a subtle feat since a whole host of factors may enter into someone's decision, say, to buy shares, make a loan, buy a house, or undergo surgery.