Tort - Causation Flashcards Preview

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Flashcards in Tort - Causation Deck (16):
1

But for test

Cork v Kirby
Barnett v Chelsea and Kensington Hospital

2

Independent causes -but for test

Wilsher v Essex AHA

3

Cumulative causes - material contribution

Bonnington Castings v Wardlaw

4

Cumulative causes - material increase in risk

McGhee v National Coal Board

5

Material contribution test applied to medical negligence

Bailey v MOD

6

Courts will depart from but for test to achieve fairness

Fairchild v Glenhaven

7

Apportionment

Fitzgerald v Lane and Patel

8

Consecutive causes - no new loss

Performance Cars v Abraham

9

Consecutive causes - new loss

Baker v Willoughby - 1st defendant still liable as should not escape liability. 2nd defendant had to compensate for additional loss

10

Consecutive causes - new loss

Joling v Associated Daires - D's liability ceased after non-tortious injury as should not compensate for vicissitudes of life

11

NAI - Act of God

Humber Oil v Sivand

12

Disorder linked to original tort, didn't break chain of causation

Meah v McCreamer (No1)

13

Acts of third party/stranger

Knightley v Johns (traffic tunnel)

14

If third party acts in heat of moment it will not break chain of causation

Scott v Shepherd

15

Medical treatment will only break chain of causation if palpably wrong/manifestly unreasonable

Robinson v Post Office

16

NAI - acts of claimant

Emeh v Kensington and Chelsea HA (not NAI)
Reeves v MPC (not NAI)