Original post by Nightwish1234I meant when deciding causation - as negligence you must establish a duty, breach of the duty, actual loss, and that this was caused by the breach. For example, in Khan v Meadows, had the mother known that her child carried the autism gene, she would not have continued her pregnancy. Under a simple 'but for' test, the child would not have been born but for the defendants negligence, and the claimant would not have a child with these disabilities.
The test for causation, however, is a little more complex than this, and can be found in SAAMco - you need to show that the damage actually lies within the extent of the defendants liability. Damages outside of this will be too remote.
Therefore, was the kind of damage suffered reasonably foreseeable by the defendant at the time of breach of duty? (It doesn't matter that the extent of the damage was unforeseeable).