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Causation - Coggle Diagram
Causation
Factual
Did D's breach cause C's loss? But for D's actions, would C have suffered their loss? (on the balance of probabilities) Barnett v Chelsea & Kensington Hospital
Wilsher v Essex- tortious act was 1/5 equally probable factors causing a babies blindness and the factors would not work together, they were separate, therefore only 20% chance failed on the balance of probabilities
Chester v Afshar- on failure to advise of risks, they take a more relaxed approach, they have to prove they would not have had the operation OR only defer it to a later date
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Legal Causation
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Acts of Third Parties
Knightley v Johns- acts of third parties must be highly unforeseeable to break the chain of causation
Wright v Cambridge Medical Group- medical treatment will not break the chain of causation unless it is so gross and egregious as to be considered unforeseeable (when someone causes injury they take on risk C would not react well to treatment/treatment is not perfect)
Acts of C
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Wieland v Cyril Lord Carpets- C's actions were not highly unreasonable and so they did not break the chain of causation
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