What is an exceptional case?

• In New South Wales the Civil Liability Act 2002 (NSW) does not expressly define what an exceptional case is for those situations where causation can't be established. An exceptional case is simply a situation where negligence cannot be established as a necessary condition of the loss suffered. This means that the common law ‘but for’ test of causation is not met. The common law test asks 'whether the harm would have been suffered but for the acts or omissions of the professional'.
• If the harm would have been suffered regardless of the acts or omissions of the professional then the court considers whether responsibility for the harm should be imposed on the negligent party and why.
• If you think you may have an exceptional case you can use our free and anonymous Ask a Lawyer service to get information specific to your situation.