Causation Flashcards
1
Q
What is the But for test?
A
Whether D’s act or omission was cause of claimants loss or not
Cork v Kirby 1952
- If damage would not have happened but for a particular fault then the fault is the cause of damage
2
Q
Barnett v Chelsea hospital 1968 (But for)
A
C husband vomiting but doctor refused to see him and husband died 5 hours later from poisoning
Doctor neg in fialing to examine deceased but did he cause death?
Held:
NO as would have died anyway
3
Q
Concurrent cause
A
Several causes each being sufficient on its own to produce end result.
But for test cancel each cause
4
Q
Fitzgerald v Lane 1989 (concurrent)
A
Claimant crossing when light red for crossing and green for traffic
D1 hit C
C hit again into D2
Held
All three to blame
