In road traffic negligence cases, causation may be established by the application of common sense to the evidence without the need for expert or empirical evidence as to reaction times or alternative outcomes. A driver travelling on a straight, unobstructed road with high beam headlights who fails to observe a pedestrian present on the roadway until the last moment will be found to have breached the duty to keep a proper lookout. The observations in Wensink v Marshall as to the necessity of empirical evidence for all alternative outcomes are disapproved.
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