Causation neg

Question 1

What test is applied? What is the main case for this?

Answer 1

But for test

Barnett v Chelsea and Kensington Hospital

Question 2

What is the standard of proof?

Answer 2

Balance of probability, is it more likely than not that the Claimants case is true

Question 3

What are 4 types of quantification of damage?

Answer 3

D causes damage to an already injured C
When D injures C and injury is later overtaken
Material contributions to harm
Holtby v Brigham (divisible)

Question 4

What is the Fairchild test?

Answer 4

“All or nothing diseases” ie cancer
Only applied when there is a lack of understanding about the disease
Prove that exposure was such as to create a “material increase in risk”.

Question 5

What does section 3 (2) of the Compensation act 2006 act say?

Answer 5

Respon person is liable in respect of whole damage caused to the victim by the disease

Question 6

What is remoteness?

Answer 6

Damage must be of a foreseeable type?

Question 7

What did Wagon Mound (I) establish?

Answer 7

Damage must be forseeable

If so then D is liable for all damages regardless of whether the extent of damage was forseeable

Question 8

What is the egg shell skull rule in causation?

Answer 8

D must take victim as you find them ie if they had pre existing condition, D remains liable for full extent of injury

Question 9

What case is relevant to establishing the egg shell skull rule?

Answer 9

Smith v Leech Brain

Question 10

What is novus actus intervenus?

Answer 10

An intervening event which breaks the chain of causation.

Question 11

Give three possible examples of novus actus?

Answer 11

Natural events
Acts of a third party
Act of the claimant