This is a well written and clear set of lecture notes to do with the law of tort. Separated into clear and easy to understand sub sections. Notes made by an Accelerated law student in the 2 year law programme, case laws and notes are included. Negligence and nervous shock, occupiers liability, duty...
Causation:
- The relationship between cause and effect.
- The link between an action and the consequences of that action
- It is the causal connection between his (claimant’s) damage and the
defendant’s conduct.
(Lord Nicholls in Fairchild V Glenhaven)
(E.g) If A drives negligently and B gets injured, it is not enough for B to prove that it
was A’s negligence that caused B’s injury.
Two Types of Causation:
1. Actual/Factual Causation – Causation in fact
2. Proximate/Legal Causation – Causation in law
Actual Causation:
Determining whether D’s careless action actually caused C’s loss or injury.
The ‘But For’ Test is used
In this test we see if C would have suffered any damage for D’s act?
If the answer is ‘No’ then D would be liable.
Barnett V Chelsea Hospital (1969)
2 People claimed to throw up after drinking tea, Doctors in hospital dismissed it and
sent them away, Later on one of the people died of arsenic poisoning – so there was
a sever issue. The wife of the man sued the hospital for negligence.
However the hospital is not liable even though sending them away was a breach of
duty but the man would have died anyway.
Problems with the ‘But For’ Test:
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