South Australian Current Acts

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34—General principles

        (1)         A determination that negligence caused particular harm comprises the following elements:

            (a)         that the negligence was a necessary condition of the occurrence of the harm ("factual causation"); and

            (b)         that it is appropriate for the scope of the negligent person's liability to extend to the harm so caused ("scope of liability ).

        (2)         Where, however, a person (the "plaintiff") has been negligently exposed to a similar risk of harm by a number of different persons (the "defendants") and it is not possible to assign responsibility for causing the harm to any one or more of them—

            (a)         the court may continue to apply the principle under which responsibility may be assigned to the defendants for causing the harm 1 ; but

            (b)         the court should consider the position of each defendant individually and state the reasons for bringing the defendant within the scope of liability.

        (3)         For the purpose of determining the scope of liability, the court is to consider (amongst other relevant things) whether or not and why responsibility for the harm should be imposed on the negligent party.


1         See Fairchild v Glenhaven Funeral Services Ltd [2002] 3 WLR 89.

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