Flussdiagramm
Causation

Flowchart: Causation in tort law
Inhalt des Flussdiagramms
Causation
Factual Causation
But for test: Lord Denning in Cork v Kirby Maclean
Barnett v Chelsea Hospital
(omission)
Applies to both actions and omissions
How claimant would have responded: McWilliams v Sir William Arrol
Legal Causation
Novus Actus Interveniens
Additional Causes
Cumulative Causes
More than one operative cause, each by a different defendant
Merged agent caused harm
Bonnington Castings v Wardlaw
Innocent dust and Guilty dust: both one whole of same agent
Test: material contribution to injury
Did guilty dust materially contribute to the dust inhaled?
Calculating damages
Divisible damages
Indivisible damages
Holby v Brigham:
Proportionate
damages - adding up the total time/amount of exposure to asbestos then seeing
the percentage D is responsible for
Death, pregnancy, etc.
Each
is liable jointly and severally for the whole amount
Claimant can sue either or all defendants for the full amount
Successive Causes
2 different causes, each sufficient to bring about the harm
Not part of the same causal chain
D1 --> D2
Starting with D2
Starting with D1
Tort --> Tort
Performance Cars v Abraham
Baker v Willoughby
Tort --> Non-Tort
Car already required the paint job etc., so not D2's fault
Jobling v Associated Dairies