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Causation in tort: factual and legal causation

Amanda Tay English

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  1. Causation

  2. Factual Causation

  3. But for test: Lord Denning in Cork v Kirby Maclean

  4. Barnett v Chelsea Hospital

    (omission)

  5. Applies to both actions and omissions

  6. How claimant would have responded: McWilliams v Sir William Arrol

  7. Legal Causation

  8. Novus Actus Interveniens

  9. Additional Causes

  10. Cumulative Causes

    More than one operative cause, each by a different defendant

  11. Merged agent caused harm

  12. Bonnington Castings v Wardlaw

  13. Innocent dust and Guilty dust: both one whole of same agent

  14. Test: material contribution to injury

  15. Did guilty dust materially contribute to the dust inhaled?

  16. Calculating damages

  17. Divisible damages

  18. Indivisible damages

  19. Holby v Brigham:

    Proportionate

    damages - adding up the total time/amount of exposure to asbestos then seeing

    the percentage D is responsible for

  20. Death, pregnancy, etc.

  21. Each

    is liable jointly and severally for the whole amount

  22. 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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Amanda Tay
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  • Created by Amanda Tay · Apr 27, 2017
  • Copied by Amanda Tay · Apr 27, 2017
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