Flashcards in Causation neg Deck (11)
What test is applied? What is the main case for this?
But for test
Barnett v Chelsea and Kensington Hospital
What is the standard of proof?
Balance of probability, is it more likely than not that the Claimants case is true
What are 4 types of quantification of damage?
D causes damage to an already injured C
When D injures C and injury is later overtaken
Material contributions to harm
Holtby v Brigham (divisible)
What is the Fairchild test?
“All or nothing diseases” ie cancer
Only applied when there is a lack of understanding about the disease
Prove that exposure was such as to create a "material increase in risk”.
What does section 3 (2) of the Compensation act 2006 act say?
Respon person is liable in respect of whole damage caused to the victim by the disease
What is remoteness?
Damage must be of a foreseeable type?
What did Wagon Mound (I) establish?
Damage must be forseeable
If so then D is liable for all damages regardless of whether the extent of damage was forseeable
What is the egg shell skull rule in causation?
D must take victim as you find them ie if they had pre existing condition, D remains liable for full extent of injury
What case is relevant to establishing the egg shell skull rule?
Smith v Leech Brain
What is novus actus intervenus?
An intervening event which breaks the chain of causation.