Causation and Defences

Question 1

What is the ‘but for’ test in causation?

Answer 1

It is used to determine if the defendant’s breach of duty actually caused the claimant’s loss

Question 2

What is the ‘all or nothing’ approach in causation?

Answer 2

The claimant must show on the balance of probabilities that the harm was caused by the defendant

Question 3

What is the material contribution approach in causation?

Answer 3

When several causes contribute to harm, the claimant must show the defendant’s negligence materially contributed

Question 4

What is material increase in risk in causation?

Answer 4

Extends the material contribution approach to cover an increase in the risk of injury, albeit it is only applicable in cases of scientific uncertainty

Question 5

How is liability divided in proportionate damages?

Answer 5

Damages are apportioned if the injury can be divided among defendants

Question 6

What is the principle of contribution between tortfeasors?

Answer 6

he claimant can recover full damages from any responsible defendant, who may then seek contribution from others under the Civil Liability (Contribution) Act 1978

Question 7

What is an intervening act (novus actus interveniens)?

Answer 7

It is an act that breaks the chain of causation, such as the unforeseeable negligence of a third party in Knightley v Johns (1982)

Question 8

When does a third party’s action break the chain of causation?

Answer 8

When the action is reckless or unforeseeable

Question 9

Does medical negligence break the chain of causation?

Answer 9

Generally, no, as medical treatment is a foreseeable consequence of injury

Question 10

How can a claimant’s actions break the chain of causation?

Answer 10

If the claimant acts unreasonably, worsening their injuries

Question 11

What is volenti non fit injuria?

Answer 11

A defence where the claimant voluntarily assumes the risk of harm

Question 12

How does the Road Traffic Act 1988 impact the defence of volenti?

Answer 12

Section 149 invalidates the defence of volenti for passengers in road traffic cases

Question 13

What is contributory negligence?

Answer 13

A defence where the claimant’s carelessness contributes to their damage, reducing recoverable damages under the Law Reform (Contributory Negligence) Act 1945

Question 14

How does contributory negligence apply to seatbelt cases?

Answer 14

Failure to wear a seatbelt can reduce damages by up to 25% (15% if injuries would be less severe and 0% if no difference)

Question 15

What is the defence of illegality (ex turpi causa non oritur actio) in negligence?

Answer 15

It prevents a claimant from recovering damages if they were engaged in illegal activity at the time of their injury. There must be a close connection between the illegal activity and the injury, and it must not involve a relatively minor offense

Question 16

What are the three points a claimant must satisfy to establish causation?

Answer 16

1) They wouldn’t have been harmed without the defendant’s negligence, 2) no significant intervening event broke the chain, 3) the type of harm was reasonably foreseeable

Question 17

What approach is used in industrial disease cases for causation?

Answer 17

The material contribution approach

Question 18

How does the case of Fairchild apply to mesothelioma claims?

Answer 18

The House of Lords allowed claimants to succeed against any or all defendants who contributed to asbestos exposure, increasing the risk of mesothelioma

Question 19

How does volenti non fit injuria apply to rescuers?

Answer 19

The defence rarely succeeds, as rescuers act under moral compulsion and are not considered to voluntarily assume the risk