"In determining what did happen in the past a court decides on the balance of probabilities. Anything that is more probable than not it treats as certain." Diplock LJ, Mallet v McMonagle.
Single Cause/Source.
The basic test is to ask whether the injury would have occurred before, or without, the accused party's breach of the duty owed to the injured party. Even more precisely, if a breaching party materially increases the risk of harm to another, then the breaching party can be sued to the value of harm that he caused.
Comments
Report