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The C must prove causation on the balance of probabilities (51% rule).

The decision of McGHEE v NATIONAL COAL BOARD was that the negligence substantially increased
the risk to C and so was liable. The case of HOTSON v EAST BERKSHIRE HEALTH AUTHORITY used the
idea of…

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PERFORMANCE CARS v ABRAHAMS. Another example is if there are concurrent causes of damage in
which case the courts will use a common sense approach as in COOK v LEWIS. Finally consecutive
causes can present a problem when applying this test as shown by the policy decision to stop under…


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