Causaal verband
causal link
Causation is the requisite legal relationship between a wrongful act or breach of contract and the damage resulting therefrom. Without this link, liability cannot be established.
Causation refers to the causal relationship between an act and the damage suffered by another. In Dutch law, this constitutes an essential element in establishing liability, both under the law of obligations and in tort.
To establish causation, the conditio sine qua non test is frequently applied: the damage would not have occurred had the conduct been omitted. In addition, the damage must also be reasonably attributable to the wrongdoer.
In practice, causation plays a significant role in personal injury cases and contractual disputes, where the court assesses, on the basis of the facts and expert reports, whether the link has been sufficiently established.
“The advocate argued that a clear causal link existed between the contractor’s negligence and the water damage to the property.”
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