2-CAUSATION Flashcards

1
Q

Calvert v William Hill (2008)

A

omissions

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2
Q

Bonnington Castings v Wardlaw (1956)

A

Divisble harm

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3
Q

Holtby v Bingham & Cowan (Hull) Ltd (2000)

A

Divisible harm

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4
Q

Williams v Bermuda Hospitals Board

A

Indivisible

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5
Q

Chester v Afshar (2005)

A

Proof

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6
Q

Hotson v East Berkshire HA (1987)

A

Proof

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7
Q

Fairchild v Glenhaven - quotes

A

Bingham and Rodger LJJ

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8
Q

Barker v Corus UK Ltd (2006)

A

Non-meso, fairchild cases (single exposure)

proportionality

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9
Q

Sienkiewicz

A

Rock of certainty

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10
Q

Sienkiewicz per Lord Brown

A

x

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11
Q

McGhee critique per Lord Brown in Sienkiewicz

A

Lord Phillips

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12
Q

Hotson v East Berkshire HA (1987)

A

Proof of loss of chance

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13
Q

Allied Maples Group Ltd v Simmons & Simmons

A

Types of loss - loss of chance

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14
Q

Rothwell v Chemical Cleaning and Insulating Co

A

Types of loss - loss of chance

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15
Q

Jobling v Associated Ltd (1982)

A

overdetermination harm occurs later

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16
Q

Calvert v William Hill (2008)

A

overdetermination harm occurs later

17
Q

Baker v Willoughby (1970)

A

3rd partys wrngs would ahve eventually caused C to suffer same losses that he suffered bc of D’s tort

18
Q

Cook v Lewis

A

Rand J, Wright v Cambridge Medical Group

19
Q

Carslogie Steamship v RNG

A

coincidences

20
Q

Chester v Afshar (2005)

A

coincidences

21
Q

Wright v Cambridge Medical Group (2011)

A

coincidences

22
Q

Blue Circle Industries v MOD

A

Loss of chance - type of loss

23
Q

Hyett v Great Western Railway Co (1948)

A

break in chain - fire = reasonable

24
Q

Knightly v Johns (1982)

A

break in chain - police traffic = unreasonable

25
Q

McAuley v London Transport Executive

A

break in chain - omission - refused to have operation = no break but not compensable because failed to mitigate his losses

26
Q

Gregg v Scott

A

loss of chance not recoverable in medical negligence

  • Hoffmann and Hale
  • Hope
  • Dissenting is Lord Nicholls