Negligence Causation

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    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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