Causation in negligence law, the problem of proving the impossible (or how to get your money without passing go)

by Barker, Andrew.

Causation in Negligence: The Problem of Proving the Impossible by Andrew Richard Benedict Barker A thesis submitted in confonnity with of the requirements for the Degree of Master of Laws Graduate Department of Law University of Toronto It is fundamental for liability in negligence Law that a plaintiff first shows that the negligent act of the defendant caused her injury. There are a pup of cases. however, where a plaints has succeeded in her daim, without fuifïlling this requirement, because it was impossible for her to do so. These cases are often seen as presenting a fundamental challenge to the need for proof of a causal relation in negligence law. Many attempts have been made to avoid this challenge by reference to alternative bases for identifying parties, and recognition of different forms of injury to a plaintiff. This thesis considers these cases within the accepted structure of tort law, that requires proof of a causal relation and awards compensation on an 'al1 or nothing' basis.