Causation in tort: factual and legal causation

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