Causation neg Flashcards Preview

Tort Law > Causation neg > Flashcards

Flashcards in Causation neg Deck (11)
Loading flashcards...
1

What test is applied? What is the main case for this?

But for test
Barnett v Chelsea and Kensington Hospital

2

What is the standard of proof?

Balance of probability, is it more likely than not that the Claimants case is true

3

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)

4

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”.

5

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

6

What is remoteness?

Damage must be of a foreseeable type?

7

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

8

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

9

What case is relevant to establishing the egg shell skull rule?

Smith v Leech Brain

10

What is novus actus intervenus?

An intervening event which breaks the chain of causation.

11

Give three possible examples of novus actus?

Natural events
Acts of a third party
Act of the claimant