Causation - Cases And Simple Explanations
Factual Causation -Main starting point, if there is no factual causation, there is no point in considerng whether there has been causation in law.
-Barnett v Chelsea and Kensington Hospital -Poisoned watchmen were mis diagnosed, but would have died anyway.
Legal Causation -MPC v Reeves - Police have a duty of care, watching prisoners on suicide watch.
-Orange v CCWY - Orange was not know to be a suicide risk = no liablity
Multiple Causes -It's not always straightforward to establish that the defendants act or ommission caused the loss, or damage.
-Fairchild v Glanhaven Funeral Services - Cancer via asbestos dust, could sue all previous employers.
Remoteness - Cases And Simple Explanations
Take your victim as you find them -A person's liablity in negligence is not extinguished or lessened because the claimant had a pre-existing condition that made the injuries worse.
-Smith v Leech Brain - Small burn from metal triggered cancer, a condition he was biologically prone to.
Reasonably foreseeable -The Wagon Mound Case - Spilt oil that caught alight, damage from oil was foreseeable, but the fire was not.
Damage Foreseeable -As long as the type of damage is foreseeable, it does not matter that the form it takes is unusual.
-Hughes v Lord Advocate - Boys took a parafin lamp down a unattended manhole, dropped it and there was and explossion the risk or burning was likely so this included even this extreme type of burning.