Factual causation

Abstract

A requirement that can be regarded as inherent in the compensatory aims is that the defendant’s tort or breach of contract has been a cause of the claimant’s loss. So the words, ‘… as if the tort or breach of contract had not been committed’ correlate to the usual ‘but for’ or sine qua non test of factual causation; that is, the claimant must establish that but for the tort or breach of contract she would not have suffered the loss.