Dear tutor,

I have a question about the tort of negligence:

In our slides, there are 4 elements (4 parts on slides) of a negligence action, which are:

1. DUTY OF CARE

2. BREACH OF THE DUTY OF CARE

3. CAUSATION

4. REMOTENESS OF DAMAGE

And there are 2 concepts under the Civil Liability Act 2002 (NSW)Section 5D(1), that are: 'factual causation' and 'scope of liability'

However, I noticed that both 'factual causation' and 'scope of liability' are mentioned in both the 3. CAUSATION part and the4. REMOTENESS OF DAMAGEpart on the slides. So, I'm confused.

My Question: What is the relationship between these 4 phrases: 'factual causation', 'scope of liability', CAUSATION, and REMOTENESS OF DAMAGE??

(I'm not asking for meaning, but the relationship. Like ''factual causation' is part of causation', or 'scope of liability is the legislation test of liability whereas remoteness is a common law test' that sort of thing(I'm not sure if my example here is correct.)

Please feel free to correct me if I was wrong. Thank you very much.

Context:

Wikipedia 'tort of negligence' may be helpful

Here is the wording from our slides about this question:

1. Statutory modification of the common law -Did the breach of the duty of care cause the loss? -was the negligence a necessary condition of the occurrence of the harm? section 5D(1)(a) ("factual causation") -is it appropriate for the scope of the negligent person's liability to extend to the harm so caused? section 5D(1) (b) ("scope of liability")
2. -Whether breach caused the harm involves test of "factual causation" (statutory statement of common law test) AND consideration of "scope of liability" (common law test of remoteness)
3. 

4. REMOTENESS OF DAMAGE (common law test) SCOPE OF LIABILITY (statutory test)