Causation Flashcards
What is the “but for” test
But for the defendants actions the victim would not have suffered.
What are the deficiencies of the but for test
Unjust results and cumulative cases
What is the main case of unjust results
Cook v Lewis
2 shooters unsure who shot v both charged guilty. If went by but for test neither would be guilty.
What is the case for the “but for” test
Barnett v Chelsea and Kensington hospital
What came from Mcghee v national coal bored
Innocent and guilty brick dust- materially increased risk so guilty
What came from Wilsher v Essex AHA
Premature baby given excess oxygen, gained bad condition could be excess oxygen could be from premature birth. As not sure if was hospitals fault hospital was not do guilty.
What do the two cases of Hotson v East Berkshire Area Health Authority and Gregg v Scott show.
Loss of chance though both failed
What was the issue in Fairchild v Glenhaven funeral service?
V gained mesothelioma from asbestos dust though could be from a verity of employers.
What did the courts consider in relation to whether c could succeed in Fairchild?
- C was employed at different times and different periods by A+B
- A+B had a duty of care to take reasonable steps regards asbestos dust
- Both were in breach of that duty during Cs employment with C inhaling asbestos dust
- C gained mesothelioma
- Any causes of the disease other than the inhalation of asbestos dust at work can be effectively discounted
- C cannot prove to a balance of probability that the disease was from his time employed by A or B or both together.
What was the original case and test for remoteness of damage?
The directness test from Re Polemis
What is the new test for remoteness and the case
The test of reasonable foreseeability and wagon mound
What happened in Hughes v Lord Advocate
8 year old boy dropped a oil lamp into a unmanned hole. Gained burns by explosion
What was decided for remoteness in Hughes v Lord Advocate?
As long as the type of damage is foreseeable the extent does not matter.
What is the egg shell skull rule or the thin skull rule and case
Defendant must take the victim as they find them.
Smith v leech brain
What are the two main types of intervening acts
Acts by the claimant and acts by a third party
