Causation

Flowchart nodes

• 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 CausesMore 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 Causes2 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