Factual Causation Flashcards
What is factual causation?
Did D’s breach necessarily result in the damage?
Barnett v Chelsea and Kensington Hospital Management Committee
Facts: • C drank tea which was unknowingly contaminated with arsenic
• Doctor failed to examine him and sent him away to the casualty unit
• 5 hours later he died
Judgment: Claim failed
L.P: •The man would have died anyway so D’s actions did not cause the mans death
•BUT FOR test formed - but for D’s actions
What is material contribution to harm?
Did D’s act contribute to the harm and was that contribution material?
Bonnington Castings Ltd v Wardlaw
Facts: • C was a steel dresser and used a pneumatic hammer
• Dust came from the Work but also came from swing grinders where the filter was clogged
• Contracted pneumoconiosis and sued
Judgment: claim succeeded
L.P: • Inhalation of bad dust from filter contributed to material harm so D was liable
Material contribution to risk of harm
McGhee v National Coal Board
Facts: •C worked at a brickworks emptying kilns
• C was sent to empty a kiln that was hotter and dustier
• C had to travel home before showering
• Contracted dermatitis
Judgment: Claim succeeded
L.P: •Although not certain C contracted disease on ride home, D contributed to the risk of harm -> therefore treated like material
Wilsher v Essex Area Health Authority
Facts: •C was born prematurely and placed in a special care unit
• A junior doctor administered oxygen to C
• Oxygen readings were too high and it turns readings were from a vein
• C developed a disease that caused blindness
Judgement: Claim failed
L.P: • 4 other things that could have caused blindness so real cause couldn’t be identified
• On a balance of probabilities impossible to prove which factor caused blindness
Fairchild v Glenhaven Funeral Services
Facts: • Three claims made by different C’s sought to claim damages from 3 different employers
• Two failed but Fairchild did not
• Claimed they had developed Mesothelioma due to exposure to asbestos from 3 different employers
Judgment: claim succeeded
L.P: •Employers all jointly liable as no one point for cause to be pinpointed
Single or multiple causes?
Multiple causes -> Wilsher -> no liability
Single possible cause -> Fairchild -> liability
