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Causation: Tort (Factual causation (But/for test (Cork v Kirby, Barnet v…
Causation: Tort
Factual causation
But/for test
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Barnet v Chelsea and Kensington Hospitals: arsenic, died anyway
Multiple possible causes
Wilsher v Essex: blind baby, five possible causes, applied but/for
Material contribution
Bonnington v Castings Wardlaw: tortious and non-tortious dust, exposure had materially contributed
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Loss of chance (medical)
Hotson v East Berkshire HA: tree, hip, 75% disabled anyway
Legal causation
Natural events
Humber Oil v Sivand: seabed, if D could foresee it, can claim for it.
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Medical Negligence
Robinson v Post Office: tetnus, only break chain if "palpably wrong"
Act of claimant
McKew v Holland: fell down stairs, actions were unreasonable
Wieland v Cyril Lord Carpets: neck brace, fell down stairs, actions were reasonable
Reeves v Metropolitan Police: prisoner suicide, in control of police, did not break chain of causation
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Two unrelated losses
Baker v Willoughby: injured leg at work, shot in leg, D held liable as condition had not gotten much worse
Jobling v Associated Dairies: injured back at work, spinal infection, original D no longer liable as had make condition much worse
Apportionment of damages
Fitzgerald v Lane: two cars hit same pedestrian, pedestrian 50%, car 25% each.
S6 Compensation Act 2006: mesothelioma, can sue any D for portion or whole loss.
Act of third parties
Smith v Littlewoods: cinema fire, has to be unforeseeable