Ryandrummond
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I'm wondering if Causation or intervening acts are a factor when considering tort cases where the defendant is not the *true* cause of the claimant's injury. For example, where a driver swerves to avoid hitting something like a cone in the road, but hits a pedestrian while doing so. Would the driver have actually breached their duty of care? or would it be a breach of duty by whoever put the cone in the road (like a council worker etc)?.
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JPryor011
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This depends on the type of tort e.g. Negligence. in negligence, it is whether is it reasonably foreseeable that someone in C's position would suffer harm.

In addition, do not use criminal precedents e.g. Pagett, White, Smith etc as part of an argument in tort.
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