3. Causation

Question 1

Wilsher v Essex AHA

Answer 1

Independent causes

1/5 chance that blindness caused by tortious factor - no liability imposed

Question 2

Bonnington Castings v Wardlaw

Answer 2

Cumulative causes
Tortious and nontortious factors operate cumulatively to produce respiratory disease – material contribution test introduced: D liable for full extent of loss where breach makes material contribution to loss

Question 3

Fitzgerald v Lane and Patel

Answer 3

Where there are multiple tortious causes, liability will be apportioned between Ds in way that produces practical result

Question 4

Performance Cars v Abraham

Answer 4

Where damage caused by D is one for which another D is already liable, effectively no damage caused

Question 5

Humber Oil v Sivand

Answer 5

Acts of God will not break chain where reasonably foreseeable

Question 6

Barnett v Kensington and Chelsea Hospital

Answer 6

No factual causation where patient died of arsenic poisoning after dr failed to carry out a proper examination - he would have died even if Dr had examined him

Question 6

Smith v Littlewoods

Answer 6

Act of 3rd party will break chain if unforeseeable and not connected with act of D

Question 8

Knightley v Johns

Answer 8

Negligent handling of traffic control by police officer (3rd party) following accident broke chain

Question 9

Robinson v The Post Office

Answer 9

Medical intervention will not break chain unless ‘palpably wrong’

Question 10

McKew v Holland

Answer 10

Act of claimant must be unreasonable and unforeseeable to break the chain

Question 11

Cork v Kirby MacLean

Answer 11

‘But for’ test