In an action in negligence, in deciding whether a breach of duty caused a particular harm, the judge must be satisfied:

Question

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In order to prove that a breach of duty caused a particular harm, the judge must establish factual causation (i.e. the breach of duty was a cause in fact of the harm) and that the scope of liability extends to the particular harm (i.e. the harm was a foreseeable consequence of the breach of duty). Contributory negligence, assumption of risk, and the extent of the harm suffered may be relevant issues, but they are not directly related to the question of causation.

In an Action in Negligence, in Deciding Whether a Breach