Tuvalu Island Courts Bench Book - Federal Court of Australia

3. Damage or harm as a direct cause
In order for a person’s conduct to amount to negligence, a breach of the duty of care must be
found to be the direct cause of damage or harm to the plaintiff. There are two main principles:
1 The defendant’s negligence must have caused the damage.
2 The damage the plaintiff suffered must not be too remote a consequence of the defendant’s
negligence.
In order to determine whether the defendant’s conduct was the direct cause of the damage or
harm, you can use the “but for” test. If the damage or harm would not have occurred but for the
defendant’s conduct, then causation is established.
7.2 Making a Decision in a Negligence Case
The checklist on the following page provides a useful approach to considering claims in
negligence. You must first decide whether there was a duty of care, then whether it has been
breached, whether there was damage or harm to the plaintiff as a direct consequence of the
breach of duty of care, and if so, what remedy you will award.
Tuvalu Island Courts Bench Book June 2004