

Causation - LAWS 204
Flashcard
•
English
•
KG
•
Hard
Abdullah Zahid
FREE Resource
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11 questions
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1.
FLASHCARD QUESTION
Front
How do the courts generally assess wether or not the defendant's negligence was the actual cause of the harm suffered by the plaintiff?
Back
By using the 'but-for' criteria, the courts ask the question: "Were it not for the defendant's negligence, would the harm, still have occured?". If yes, then the defendant is liable under the tort of negligence, but if not, then the defendant is not liable under the tort of negligence.
2.
FLASHCARD QUESTION
Front
What did the court hold in the case of Barnett?
Back
The court in the case of barnett held that if the defendant's negligence made a contribution that was more than 50% to the harm suffered, then the 'but-for criteria' would be met, and the defendants negligence will be the root cause of the harm suffered by the plaintiff.
3.
FLASHCARD QUESTION
Front
Is the 'but-for' criteria the only test that the courts use in order to assess wether or not the defendant's negligence was the actual cause of the harm suffered by the plaintiff? Why why not?
Back
No, because, as was held in the case of Cook, if the actual cause of the harm suffered by the plaintiff, is too vague to be pinpointed, then the 'but-for' criteria is useless!
4.
FLASHCARD QUESTION
Front
What were the facts around the case of Wardlaw?
Back
In the case of Wardlaw, the plaintiff suffered a cumulative disease (the harm suffered by the plaintiff) due to both an 'innocent' source of dust (i.e. was not the result of the defendant's negligence) and a 'guilty' source of dust (i.e. was the result of the defendant's negligence).
5.
FLASHCARD QUESTION
Front
What did the court hold in the case of Wardlaw?
Back
In the case of Wardlaw, the court held that because the defendant's negligence made a significant contribution to the cumulative disease that the plaintiff suffered, the actual cause of the harm suffered by the plaintiff was the 'guilty' source of dust that was due to the defendant's negligence and not the innocent source of dust that was not due to the defendant's negligence!
6.
FLASHCARD QUESTION
Front
What is an indivisble cause?
Back
An indivisible cause is something that happens out of nowhere/suddenly.
7.
FLASHCARD QUESTION
Front
What is a divisible cause?
Back
A divisible cause is something that happens over time.
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