EL: Breach: Causation

Question 1

Qualcast v Haynes

Answer 1

• Even if they had not found breach of duty, thought the case would fail on causation.
• C would still have suffered the loss because he would not have worn the protective boots anyway.

Question 2

McWilliams v Sir William Arrol

Answer 2

• Although C supplied with safety equipment, he would not have worn it anyway.
• Although there was breach of duty, the breach was not the cause of the loss.
• But for failure of equipment, would he have suffered the loss? Yes, because he would not have worn it anyway.