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Tort Law: Causation
Quiz by
samparkin92
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Last updated: September 15, 2023
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September 15, 2023
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Hint
Answer
Two types of causation
Factual
Legal
Factual Causation
Usual test
But for test
Case for this?
Barnett v Chelsea [1969]
Two types of material contribution?
To the harm
Bonnington Customs v Wardlaw [1956]
To the risk of harm
Mcghee v National Coal Board [1973]
Two types of injury
Divisible (cumulative)
Indivisible (non-cumulative)
Mesothelioma Exception
What case gave rise to the mesothelioma
exception?
Fairchild v Glenhaven Funeral Services [2002]
What case gave rise to apportioned damages in mesothelioma situations
Barker v Corus [2006]
What statute nullified/revamped this?
S.3 Compensation Act 2006
Hint
Answer
What case addresses issue of negligent and ordinary exposure to asbestos?
Sienkiewicz v Frief Ltd [2011]
Informed Consent
What is the case for causal link with regards to informed consent?
Chester v Afshar [2005]
Legal Causation
Two tests for legal causation?
Remoteness of damage
Wagon Mound (No 1) [1961]
Any intervening acts
Home Office v Dorset Yacht [1970]
What is the name of the rule where one may suffer more harm than expected due to frailty?
Egg shell skull rule
Smith v Leech Brain [1962]
Will D be responsible for full extent of the harm?
Yes
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Tort Law
Quiz series by samparkin92
Tort Law: Breach of Duty
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Tort Law: Establishing Duty of Care
Tort Law: Special Duty Problems
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