3 - TORT - Legal Causation Flashcards
What must one prove for negligence?
Duty of Care
Breach
Causation
Remoteness
What 2 things are required to prove causation?
- Factual causation
- Legal causation
How does one prove legal causation?
That there was a NAI that broke the chain of causation:
- Act of God: exceptional natural event (not if foreseen)
- Acts of 3rd Parties: highly unforeseeable (unlikely where 3rd party is medical treatment unless so gross & egregious)
- Acts of Claimant: highly unreasonable (rare)
What case shows acts of god?
Ship damaged by collision with D and taken for repair. On the way it suffered storm damage. D liable for collision but not storm damage.
🛳️⏲️🌪️🧔♀️
What case shows acts of third parties?
car crash followed by poor handling of resultant traffic by police resulted in police officer being hurt. Broke chain of causation.
🚗🤡👮🦼
Child not referred by GP resulted in hip injury. Treatment eventually received by hospital was also negligent. Held hospital negligence was not enough to absolve GP’s negligence.
🥼🤡➡️🧑⚕️🥴
What case shows acts of claimants?
D caused C’s injured leg. C tried to walk downstairs without a handrail, his leg gave way and he broke his ankle. C’s act was unreasonable so broke the chain of causation.
🦵🥴🪜
D caused C’s injured Neck. C tried to walk downstairs with help from son. she couldn’t see, slipped and broke her ankle. C’s act was not unreasonable.🦵😉🪜