Queensland Consolidated Acts
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CIVIL LIABILITY ACT 2003 - SECT 11
11 General principles
(1) A decision that a breach of duty caused particular harm comprises the
(a) the breach of duty was a necessary condition of the
occurrence of the harm (
"factual causation" );
(b) it is appropriate for the scope of the liability
of the person in breach to extend to the harm so caused (
"scope of liability" ).
(2) In deciding in an exceptional case, in accordance
with established principles, whether a breach of duty—being a breach of duty
that is established but which can not be established as satisfying
subsection (1) (a) —should be accepted as satisfying subsection (1) (a) ,
the court is to consider (among other relevant things) whether or not and why
responsibility for the harm should be imposed on the party in breach.
it is relevant to deciding factual causation to decide what the person who
suffered harm would have done if the person who was in breach of the duty had
not been so in breach—
(a) the matter is to be decided subjectively in the
light of all relevant circumstances, subject to paragraph (b); and
statement made by the person after suffering the harm about what he or she
would have done is inadmissible except to the extent (if any) that the
statement is against his or her interest.
(4) For the purpose of deciding the
scope of liability, the court is to consider (among other relevant things)
whether or not and why responsibility for the harm should be imposed on the
party who was in breach of the duty.
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