Tort - Causation / Loss Of Chance

Question 1

Bonnington v Wardlaw

Answer 1

2 dusts

Both hazards materially increased risk of harm, even through only one was a threat

Question 2

Fairchild v Glenhaven

Answer 2

2 employers, asbestos

Two defendants may both have materially increased risk of harm, both would be liable

Question 3

McGhee v National Coal Board

Answer 3

Wash facilities, skin

Employer substantially increased risk of the claimant developing a skin condition

Question 4

Barnett v Chelsea and Kensington Hospital

Answer 4

Arsenic poisoning

But for the doctor noticing the poisoning, the claimant would have died anyway - no causation, no liability

Question 5

Hotson v East Berkshire Health

Answer 5

Broken hip

Condition that is more than 50% likely to develop regardless of negligence on behalf of the defendant is not a successful claim

Question 6

Gregg v Scott

Answer 6

Lump, cancerous

When a chance of survival was less than 50% to begin with, the claim will not be successful