Negligence: Causation

Question 1

Factual - But For test

Answer 1

BARNETT

Question 2

Factual - All or Nothing Approach - C must show on the Balance of Probabilities that D caused the Harm

Answer 2

HOTSON v EAST BERKSHIRE

Question 3

Factual - Modified test - Multiple causes -

(1) Materially Contributed to Harm
(2) Materially Contributed to Risk of Harm

Answer 3

(1) BONNINGTON CASTINGS

(2) McGHEE

Question 4

Factual - If harm is divisible - Court will apportion the damages accordingly

Answer 4

HOLTBY

Civil Liability (Contribution) Act 1997

Question 5

NOI - Negligent acts only break chain if unforeseeable

Answer 5

KNIGHTLEY v JOHNS

Question 6

NOI - Reckless / Intentional 3rd Party Acts

Answer 6

LAND v CAMDEN LBC

Question 7

NOI - Instinctive acts do not break the chain

Answer 7

SCOTT v SHEPHERD

Question 8

NOI - Negligent Medical Treatment wont usually break the chain

Answer 8

RAHMAN v AREAROSE

Question 9

NOI - Intervening acts by the claimant will only break the chain if Entirely Unreasonable

Answer 9

McKEW v HOLLAND

Question 10

Legal - Remoteness - Reasonably Foreseeable Damage

Answer 10

WAGON MOUND

Question 11

Legal - Not necessary to Foresee Precise Way in which harm is caused

Answer 11

HUGHES v LORD ADVOCATE

Question 12

Legal - Egg-Shell Skull - Take your victim as you find him

Answer 12

ROBINSON v POST OFFICE