LA2020 Workshop 8

If a plaintiff is unable to prove factual causation under s. 11(1)(a) of the Civil Liability Act 2003 (Qld):

• The plaintiff automatically loses the negligence case

• The plaintiff may still be able to prove factual causation under s. 11(2) in an exceptional case

• The plaintiff may still be able to prove factual causation under s. 11(4) in an exceptional cas

The “scope of the liability” limb of causation is in which section of the Civil Liability Act 2003 (Qld)?

• Section 11(1)(a)

• Section 11(1)(b)

• Section 11(2)

Which section of the Civil Liability Act 2003 (Qld) is related to s. 11(1)(b) scope of liability?

• Section 11(2)

• Section 11(3)

• Section 11(4)

Novus actus interveniens is an independent, intervening act which

• breaks the chain of causation between a negligent act and the ultimate harm

• does not break the chain of causation between a negligent act and the ultimate harm

• is an unexpected act that is objectively part of the chain of causation

A successful break in the chain of causation:

• Absolves the original tortfeasor (i.e. the defendant) from liability for the injured party’s ultimate loss

• Absolves the injured party from proving causation on the balance of probabilities

• Still makes the original tortfeasor (i.e. the defendant) liable for the injured party’s ultimate loss

When will medical treatment be an intervening event to break the chain of causation?

• If the medical treatment is mildly negligent

• If the medical treatment is grossly negligent

• If the medical treatment is grossly negligent and it was provided in a private hospital

• If the medial treatment is mildly negligent and it was provided in a private hospital