101. Causation in fact deals with the question of whether as a matter of fact the damage was caused by the breach of duty. 102. It is necessary for the plaintiff to establish that the train that caused the damage was the train that failed to sound its whistle. 103. Had the boys boarded a train to Carlisle and caused damage there, this might have been regarded as too remote. 104. Should the defendant have foreseen damage caused by a falling tree? 105. The Act will only apply where the damage was caused partly by the fault of the defendant and partly by the fault of the plaintiff. 106. The tortious principle gives protection to the ultimate consumer of a product where the product has caused physical damage. 107. The limitation period for actions under the Act runs for three years from the date on which the damage was caused by the defective product. 108. Where any damage is caused wholly or partly by a defect in a product, any person to whom subsection applies shall be liable. 109. The producer will be liable for any defect in the product which causes damage. 110. That the damage was caused by the breach of duty. |