Causation Flashcards
What are the two parts of causation that need to be considered?
- Factual causation
2. Legal causation
What is the test used to determine whether damage/loss was factually caused? Give an authority.
The but for test (Cork v Kirby)
What was the dilemma in Fitzgerald v Lane & Patel?
Both defendants had crashed into the plaintiff while driving their cars. It was not clear who had caused the injury.
What was the difficulty in determining the cause of a respiratory disease contracted by the plaintiff in Bonnington Castings v Wardlaw?
Dust at the workplace was considered a natural consequence, although part of the dust was accepted by the defendants as excessive.
What was the issue for the plaintiff in Fairchild v Glenhaven Funeral Services?
The plaintiff had contracted mesothelioma after having been exposed to asbestos. It was unclear which employer, of the several he had, was the cause.
What approach did the court adopt in Bonnington Castings v Wardlaw to resolve the issue of concurrent causes?
The HL decided it was sufficient to show the defendant had materially contributed to the risk of illness.
How did the HL adapt the test developed in Bonnington Castings v Wardlaw in McGhee v National Coal Board?
They imposed liability where the breach had materially increased the risk of injury.
In which case did the HL reject the test developed in Bonnington Castings and McGhee? Which test was employed instead?
In Wilsher v Essex AHA the HL decided to use the but for test.
Why did the HL use different tests in McGhee and Wilsher?
In McGhee the accumulation of dust from the kiln (non-tortious) and lack of washing facilities (tortious) warranted a test based on material increase of the risk of injury. Whereas in Wilsher, the claimant suffered from blindness which could have been caused by any one of five possible causes, but it was not due to their accumulation which caused the claimant’s blindness as they were each independent.
Despite the different terminology in Bonnington and McGhee, which case says that the two are in fact the same test?
Fairchild v Glenhaven Funeral Services
Which case approved Fairchild v Glenhaven Funeral Services?
Sienkiewicz v Greif
Which two cases demonstrate that both the Wilsher and McGhee tests continue to be relevant?
- Gregg v Scott uses Wilsher
2. Mountford v Newlands School uses McGhee
The Wilsher and McGhee tests are used when there is a mixture of tortious and non-tortious claims. What do the courts do when there are only tortious causes as in Fitzgerald v Lane & Patel?
They apportion liability.
What issue for the courts does the case of Baker v Willoughby present?
The plaintiff suffered a leg injury due to the claimant’s negligent driving. Consequently the plaintiff had to get a new job and took work as a night watchman. He was then shot in the same leg by a robber and had to have it amputated. The question was what the defendant should pay for. The court held that he should be liable for the original injuries (not the amputation) even beyond the intervening cause.
In which case did the court hold that the defendant did not have to pay for the ‘vicissitudes of life’?
Jobling v Associated Dairies
