Remedies - Causation

Question 1

Stansbie v Troman [1948]

act of third party when preventing act was purpose of duty

Answer 1

A duty of care to take positive action can arise from a contractual relationship
There is no break in the chain of causation if the duty on the defendant is to guard against the act of the third party

Question 2

Monarch Steamship Co Ltd v A/B Karlshamns Oljefabriker [1949]

unforeseeable external events; outbreak of war and mandatory government orders to divert
the ship

Answer 2

The outbreak of war did not break the chain of causation since the defendants should have foreseen the possibility of this occurring and any delay of the voyage may result in diversion of the vessel.

Question 3

Lambert v Lewis [1982]

unreasonable act of claimant; car owner knew trailer hitch was broken

Answer 3

implied warranty in the sale of the towing hitch required that it should allow for safe use of a trailer on a public highway
once it became apparent that the locking mechanism of the towing hitch was broken there was no longer any implied warranty

Question 4

Quinn v Burch Bros (Builders) Ltd [1966]

claimant’s negligence

Answer 4

A contracting party is not liable for any losses unless their breach was both a legal and factual cause of the loss
A breach is not the legal cause of a loss if it merely provided the claimant with an opportunity to cause their own loss through some unreasonable action
This is the case even if the defendant could or should have foreseen the risk