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ELS Chap 3- Statuatory Interpretation
Negligence Causation
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Negligence Causation
ELS Chap 3- Statuatory Interpretation > Negligence Causation
266 cards
Cards (697)
What does causation mean in negligence?
Proving the
defendant's
act caused
injury
What duty did David owe to Fred?
A duty of
care
to prevent harm
How does the material contribution approach differ from the "all or nothing" approach?
It allows liability even if not the
main cause
What was the court's decision in Bonnington Castings Ltd v Wardlaw?
The defendant was
liable
for lung disease
What can be concluded from David's actions regarding negligence?
His negligence directly caused
Fred's
injury
What is the main way to determine causation in negligence cases?
The
'but for'
test
What does the "all or nothing" approach in factual causation require from the claimant?
Prove harm was caused by
negligence
What was the breach of duty in David's case?
Failing to maintain a
reasonable
standard of care
What does the 'but for' test determine in negligence cases?
If the defendant's actions caused the
damage
Why is causation important in negligence cases?
It shows the link between
breach
and
damage
What is a clear causal link in negligence?
Connection between
breach
and
injury
How does the intervention of another neighbor affect causation?
It breaks the
direct link
of causation
What happens to causation when another neighbor intervenes?
Causation is
disrupted
or broken
Why is it important for the claimant to prove the causal link in negligence cases?
To recover
damages
for their harm
What does the 'but for' test ask in negligence cases?
Would the harm have occurred but for the
breach
?
What is the material contribution approach to factual causation?
It assesses
multiple factors
causing injury
What is the significance of the "all or nothing" approach in legal claims?
Ensures clear
burden of proof
Prevents partial claims without evidence
What is the "but for" test in causation?
It determines if
harm
would occur without a cause
What does the material contribution approach allow in terms of liability?
It allows for
partial liability
based on contributions
What does "balance of probabilities" mean in the context of factual causation?
It means the
claimant
must show
likelihood
of causation
What test is often used to prove negligence?
"
But for
" test
In what scenario can a defendant be held liable under the material increase in risk approach?
If their
breach
significantly increased
injury risk
In which case was the employer partially liable for asbestosis due to significant contribution?
Holtby v Brigham Cowan
In which case was the defendant held liable for lung disease due to negligent swing grinders?
Bonnington Castings Ltd
v
Wardlaw
What case illustrated the material increase in risk principle?
McGhee v National Coal Board
What was the outcome in McGhee v National Coal Board?
Lack of washing facilities increased
dermatitis
risk
What happens if the claimant cannot show the causal link in a negligence claim?
Their
claim
fails
entirely
What type of liability does the material contribution approach allow?
Partial
liability
What happens if the claimant cannot establish causation?
Their claim fails
entirely
How does the material contribution approach affect liability?
Defendant can be liable if they
materially
contributed
What is the consequence of failing to prove causation in a negligence claim?
The claim fails entirely
No
damages
can be recovered
When is the material increase in risk approach applied?
When
'but for'
test is difficult to prove
Why is the material contribution approach significant in legal cases?
It addresses complex
causation
scenarios
When is the material contribution approach applied?
When isolating a
specific
cause is difficult
What does the material increase in risk approach assess?
If the
breach
significantly increased
injury chance
What can break the chain of causation?
An intervening act by a
third party
What does Sienkiewicz v Greif demonstrate about the material increase in risk principle?
It is limited to cases with
significant uncertainty
What can the court do in cases of divisible injury?
Apportion
damages
accordingly
What does apportioning damages reflect?
The extent of the
defendant's
contribution
What is the material contribution approach used for?
When multiple factors could have
caused
injury
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