Causation Flashcards
What is the term for factual cause?
causa sine qua non (But for)
What is factual causation?
but for a breach of duty P would not have suffered harm.
What cases states that the doctors negligence must will only be a causa sine qua non if other reasonable doctors would have been able to save the patient?
Bolitho v City and Hackeny Health Authority
Barnett v Chelsea and Ken Hsptl MGMT
Which Scottish case states that it must be proven that medical mistake was the material cause of the injury suffered?
Kay’s Tutor v Aryshire Health Board.
Which case had to prove that but for smoking John Player’s the P would not have got lung cancer?
McTear v Imperial Tobacco
What is similar about all these cases?
The harm would have taken place even if it wasn’t for the intervention of P.
What is the term for legal cause?
causa causans
What is a novus actus interveniens
A new and independent causal incident
Which case stated that survival rate had to be 50% in the first place in order for their to be causation?
Greggs v Scott
Which case found that there was no causation because even if a safety belt had been provided it would not have been worn?
McWilliams
What did the case of Wardlaw suggest should happen when there is more than one source of harm?
If it can be found that the breach of duty was a material cause then it will satisfy causation.
What case concerns risk and consecutive contributions?
McGhee
What does McGhee state?
That to materially contribute and to materially increase the risk of injury are both causa sine que non. IT does not matter if contribution happened consecutively.
What case modified causation where precise scientific evidence was lacking?
Fairchild
Why was Fairchild decided in the way it was?
To give justice to employees in the face of corporation. There had been breaches by all the employers P had worked for the only difficulty came in identifying exact who caused it. Thus liability should be shared.
