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Australia Leading Case causation factual

March v E & MH Stramare Pty Ltd

(1991) 171 CLR 506
JurisdictionAustralia
CourtHigh Court of Australia
Year1991
StatusBinding authority

Summary

The but-for test is not the exclusive test for causation in negligence; courts must apply a common sense approach informed by policy considerations.

Key Principle

causation in negligence; common sense approach; but-for test is not exclusive

Area of Law

Tort and Negligence

Related Cases

Cattanach v Melchior (2003) 215 CLR 1

Costs of raising a healthy child born following negligent sterilisation advice are recoverable as damages in a wrongful birth claim.

Sullivan v Moody (2001) 207 CLR 562

HCA held that a general neighbourhood principle cannot determine duty of care; coherence of the law acts as a constraining factor in novel duty situations.

Perre v Apand Pty Ltd (1999) 198 CLR 180

High Court of Australia established a multi-factor approach to pure economic loss, considering vulnerability, assumption of responsibility, and control in determining duty of care.

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