Where a security guard's absence constitutes a breach of contract and the evidence shows the wrongdoer acted covertly and that persons typically left when the guard appeared, it may be inferred on the balance of probabilities that the guard's presence would have deterred the wrongdoer. Part 1A of the Civil Liability Act 2002 (WA) (including s 5D on causation) does not apply to a breach of contract claim where the obligation breached is a strict contractual promise and fault is not an element of the cause of action. The question of whether an evidential burden shifts to the defendant once breach and foreseeable loss are shown was left open.
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