Causation in Negligence

Sarah Green is an Associate Professor at the University of Oxford and a Fellow in Law of St Hilda's College.

1 Introduction
Structure of the Book
2 The Necessary Breach Analysis and But For Causation
Why But For Causation?
The Balance of Probabilities
Aggregation
Specific Concept of Cause
Counterfactual to Factual
Current Perspectives on But For Causation
3 Basic Principles
Basic Causal Principles
‘Operative’: the Second Stage of the NBA
The Significance of a Risk Which Has Actually Eventuated
4 Duplicative Causation (Real and Potential): Overdetermination and Pre-emption
Factual Basis
Overdetermination (Real Duplicative Causation)
What Constitutes an Overdetermined Event?
Double Omissions
Combination of Tortious and Non-Tortious Factors
Pre-emption
Moral Luck
5 Material Contribution to Injury
Factual Basis
Medical Negligence
The ‘Doubling of the Risk’ Test
6 Material Increase in Risk
Factual Basis
The Necessary Breach Analysis and Evidentiary Gaps
Single Agent
7 Lost Chances
Factual Basis
Type 1 Cases Explained
Type 2 Cases Explained
How Far Does Hypothetical Third Party Action Take Us? 8 Concluding