Negligence
Factual causation (actual cause)

For a defendant to be held liable, it must be shown that the particular acts or omissions were the cause of the loss or damage sustained. Although the notion sounds simple, the causation between one's breach of duty and the harm that results to another can at times be very complicated. The basic test is to ask whether the injury would have occurred 'but for', or without, the accused party's breach of the duty owed to the injured party. In Australia, the High Court has held that the 'but for' test is not the exclusive test of causation because it cannot address a situation where there is more than one cause of damage. When 'but for' test is not satisfied and the case is an exceptional one, a commonsense test ('Whether and Why' test) will be applied Even more precisely, if a breaching party materially increases the risk of harm to another, then the breaching party can be sued to the value of harm that he caused.

Asbestos litigations which have been ongoing for decades revolve around the issue of causation. Interwoven with the simple idea of a party causing harm to another are issues on insurance bills and compensations, which sometimes drove compensating companies out of business.
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