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Causation etc.

TORTS - Causation, Remoteness, NAI

QuestionAnswer
Webb v Barclays & NHS (2001) NAI by third party: Doctor's negligence did not BREAK CHAIN - but court apportioned damages. Leg amputated.
Knightley v Johns [1982] NAI by third party. Broke the chain cos 3rd party negligent. Action not REASONABLE Policeman on motorcycle in tunnel at accident.
McKew v Holland (1962) NAI by claimant: Found to have broken the causation chain due to NOT REASONABLE behaviour. Damaged leg - fell down stairs
Reeves v Commisioner of Police (2000) NAI by claimant: Actions was reasonable, thus NO BREAK OF CHAIN. Suicide.
Lamb v Cambden (1981) NAI by third party: NO BREAK OF CHAIN unless very unreasonable foreseaable. Squatters.
Baker v Hopkins (1959) NAI by doctor: Rescue was reasonable action. NOT BREAK IN CHAIN. 3 dead due to monoxide poisoning down well.
Barnet v Chelsea Hospital (1969) BUT FOR: Defendant doctor negligent, but damage fails 'but for' test, so no liability. Arsenic poisoning
Chester v Ashar (2004) LEGAL CAUSATION (not necessarily factual): Defendant failed his duty to warm claimant of risk. Proved on the facts that she may have continued with operation anyway. Court finds that duty to disclose is breach enough to cause damage.
Baker & Willoughby (1970) CAUSATION (successive): Claimant bad leg after car crash. Afterwards, robbers shoot him in leg. Amputated. LEGAL CAUSATION is not broken.
Jobling v Diaries(1980) CAUSATION (successive): Courts critisized - back injury, new back sickness.
Bonnington Castings v Wardlaw CAUSATION (concurrent): Claimant inhaled dust which caused disease. Some dust was 'innocent'. He only had to prove MATERIAL CONTRIBUTION, rather than 51% 'but for'
McGee v National Coal CAUSATION (concurrent): Only have to prove 51% increased risk of dermatitis
Fitzgerald v Lane (1979) APPORTIONMENT CAUSASTION (concurrent): If claimant negligent himself - must be shared with negligent people
Holtby & Brigham & Cowan(2000) ASBESTOSIS: Each employer only liable for their contributory negligence.
Pippin v Sheppard (1822) Doctor's duty of care is established in common law.
Created by: xtgirl
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