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Negligence Claim - Coggle Diagram
Negligence Claim
Is there actionable harm or damage?
Yes: Does D owe C a duty of care?
Yes: Did D breach his (ordinary / professional standard) duty of care to C?
Yes: Is there a single tortious factor to consider?
Yes: Is the balance of probabilities satisfied?
Yes:
But For
Test. Barnett
No: Is the result dependent on the action of a 3rd party?
Yes: Allied Maples
No: Was the breach of duty a failure to warn rather than a failure to diagnose?
Yes: Failure to Diagnose. Chester
No: Loss of Chance. Hotson & Gregg
No: Is the injury divisible in practice?
No:
Indivisible Injury.
Is there a
single
agent?
Yes:
Concurrent Causes + Single Agent.
Is there an evidentiary gap/rock of uncertainty (in medical evidence)?
Yes:
Material Increase in Risk
. Is the harm mesothelioma caused by asbestos exposure?
Yes:
Joint and Several Liability.
McGhee, Fairchild, Barker, Sienkiewicz & 2006 Act
No:
Aliquot Liability.
Barker & IEG
No:
Material Contribution to Injury.
Bonnington
No:
Multiple Causes.
Wilsher
Yes:
Divisible Injury + Various Agents.
Performance Cars, Jobling & Dingle
No: Fail.
No: Fail.
No: Fail.