Tort - Causation

Question 1

But for test

Answer 1

Cork v Kirby

Barnett v Chelsea and Kensington Hospital

Question 2

Independent causes -but for test

Answer 2

Wilsher v Essex AHA

Question 3

Cumulative causes - material contribution

Answer 3

Bonnington Castings v Wardlaw

Question 4

Cumulative causes - material increase in risk

Answer 4

McGhee v National Coal Board

Question 5

Material contribution test applied to medical negligence

Answer 5

Bailey v MOD

Question 6

Courts will depart from but for test to achieve fairness

Answer 6

Fairchild v Glenhaven

Question 7

Apportionment

Answer 7

Fitzgerald v Lane and Patel

Question 8

Consecutive causes - no new loss

Answer 8

Performance Cars v Abraham

Question 9

Consecutive causes - new loss

Answer 9

Baker v Willoughby - 1st defendant still liable as should not escape liability. 2nd defendant had to compensate for additional loss

Question 10

Consecutive causes - new loss

Answer 10

Joling v Associated Daires - D’s liability ceased after non-tortious injury as should not compensate for vicissitudes of life

Question 11

NAI - Act of God

Answer 11

Humber Oil v Sivand

Question 12

Disorder linked to original tort, didn’t break chain of causation

Answer 12

Meah v McCreamer (No1)

Question 13

Acts of third party/stranger

Answer 13

Knightley v Johns (traffic tunnel)

Question 14

If third party acts in heat of moment it will not break chain of causation

Answer 14

Scott v Shepherd

Question 15

Medical treatment will only break chain of causation if palpably wrong/manifestly unreasonable

Answer 15

Robinson v Post Office

Question 16

NAI - acts of claimant

Answer 16

Emeh v Kensington and Chelsea HA (not NAI)

Reeves v MPC (not NAI)