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Tort of Negligence - Coggle Diagram

- - - - Assumption of responsibility imposes a higher level
    - - The seriousness of harm can be an aggravating factor
      - The likelihood of harm can also be a factor
      - The courts will also conduct a cost-benefit analysis of protective measures
      - Social utility
  - - - Factul causation
        
        But-for test
        
        But for the negligence, would the damage have incurred
        
        Material contribution test for concurrent causes
      - Causation in Law
        
        Foreseeability test
        
        There needs to be a direct link between the negligence and the damage
        
        There must be some foreseeability of the injury happening, and the eggshell-skull rule applies too
        
        An intervening act by an INDEPENDANT individual breaks the chain of causation
        
        Avoids the absurdity of the but-for test