Flowchart
Causation in tort: factual and legal causation
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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
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- Flowchart on Untitled, created by Amanda Tay on 27/04/2017.
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- Created by Amanda Tay · Apr 27, 2017
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