Causation in Fact (single)

Question 1

Barnett v Chelsea & Kensington Hospital

Management Committee [1968]

Answer 1

The plaintiff’s husband arrived at the casualty
department and complained of vomiting after
drinking tea. When the nurse called the
casualty doctor, he refused to examine the
patient asking him to go home and to call his
own doctors. The patient left and a few hours
later he died from what was found to be
arsenic poisoning.

Question 2

Ang Chai Ha & Ors v Sri Jaya Transport Co (PTM) Bhd [1974]

Answer 2

The defendant’s bus collided with the plaintiff’s car which caught fire. The plaintiff died due to extensive burns. The defendant admitted negligent driving but contended that the death was neither caused by nor the direct consequence of the collision.

Question 3

Government of Malaysia & Ors v Jumat bin Mahmud & Anor [1977]

Answer 3

The plaintiff injured his right eye when another pupil pricked his thigh with a pin causing him to turn round and the eye came into contact with the sharp end of the pencil which the pupil was holding. Subsequently, the eye had to be removed.

The plaintiff brought an action claiming that there was lack of supervision by the teacher that resulted in the accident which caused the injury.