3 - TORT - Legal Causation

Question 1

What must one prove for negligence?

Answer 1

Duty of Care
Breach
Causation
Remoteness

Question 2

What 2 things are required to prove causation?

Answer 2

• Factual causation
• Legal causation

Question 3

How does one prove legal causation?

Answer 3

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)

Question 4

What case shows acts of god?

Answer 4

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.
🛳️⏲️🌪️🧔‍♀️

Question 5

What case shows acts of third parties?

Answer 5

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.
🥼🤡➡️🧑‍⚕️🥴

Question 6

What case shows acts of claimants?

Answer 6

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.🦵😉🪜