Causation And Contributory Negligence

Question 1

Breach must be

Answer 1

Causative and not too remote

But for test - burden on claimant loss not suffered but for defendants breach of duty

Question 2

Washing facilities not available at place of work

Answer 2

No evidence lack of washing facilities caused the injury.

Lack of facilities materially increased risk of injury

Question 3

Novus actua

Answer 3

Intervening act of third party

Threw a firework into a market place.

Question 4

Reasonable foreseeability

Answer 4

Damage reasonable foreseeable. Not liable if too remote

Wagon mound
Oil leaked into the Harbour.

Sparks from welding caused wharf to ignite.

Defendant not liable because not foreseeable of the oil leak.

Privy council case.

Question 5

Egg shell slip rule

Answer 5

Takes his victim as he found him.

Question 6

Contributory negligence

Answer 6

Damages to claimant in part responsible will be reduced as court considers just and equitable.

Serves as a partial defence to claim

If successful reduction in percentage to reflect claimants proportion of responsibility.

Burden on defendant
Reasonable objective man