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Australia Leading Case causation factual

Strong v Woolworths Ltd (But-For Test)

[2012] HCA 5
JurisdictionAustralia
CourtHigh Court of Australia
Year2012
StatusBinding authority

Summary

Under s.5D(1)(a) Civil Liability Act, causation requires negligence to be a necessary condition of harm; inability to establish this on balance of probabilities means the plaintiff fails.

Key Principle

Causation under s.5D(1)(a) Civil Liability Act requires the negligence to be a necessary condition of the harm; equipoise means the plaintiff fails.

Area of Law

tort

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