Part Two Compensation, s.One General Principles in Assessing Compensatory Damages, 4 Factual causation

Subject(s):

Breach of contract — Damages and choice of law — Damages

This chapter discusses the law on factual causation. A requirement inherent in the compensatory aims is that the defendant’s tort or breach of contract has been a cause of the claimant’s loss. Regardless of whether the claimant is suing for a tort or breach of contract, the approach to factual causation does not differ. Nevertheless, nearly all the important cases concern torts. This is because factual causation is usually a disputed issue only in respect of damages for personal injury or property damage, and such damages are generally sought in tort.