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BUSINESS LAW 1

BUSINESS LAW 1. NEGLIGENCE - CAUSATION. Content. Causation. Remoteness of Damage. Defences. CAUSATION ‘But For’ Test Claimant must show that “but for” defendant’s actions his loss would not have occurred. ‘But for’ test. Cutler v Vauxhall Motors [1971]

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BUSINESS LAW 1

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  1. BUSINESS LAW 1 NEGLIGENCE - CAUSATION

  2. Content • Causation. • Remoteness of Damage. • Defences.

  3. CAUSATION ‘But For’ Test Claimant must show that “but for” defendant’s actions his loss would not have occurred.

  4. ‘But for’ test Cutler v Vauxhall Motors [1971] Barnett v Chelsea and Kensington HMC [1969] Robinson v Post Office [1974].

  5. Different sources of harm Claimant must show that defendant’s breach was a material contributory cause of injury. Wilsher v Essex AHA [1998] Hotson v East Berkshire AHA [1987].

  6. More than one defendant Where claimant sustains injury by two or more independent defendants, the courts are prepared to apportion responsibility for injury caused. Baker v Willoughby [1970]

  7. Novus Actus Interveniens If the chain of causation is broken, then the defendant will not be liable for damage caused after break.

  8. Types of intervening acts • Natural Events Carslogie Steamship v Royal Norwegian Government [1952] • Act of a Third Party Lamb v Camden LBC [1981] Knightley v Johns [1982]. • Act of claimant McKew v Holland, Hannen and Cubbitts [1969].

  9. Remoteness of Damage Claimant must show that damage caused by defendant was reasonably foreseeable. The Wagon Mound (No 1 ) [1961]

  10. Examples of remoteness Stewart v West African Terminals [1964] Hughes v Lord Advocate [1963]. Doughty v Turner Manufacturing [1964]. Tremain v Pike [1969].

  11. Contributory Negligence Claimant is deemed to have contributed to his own injury and so damages awarded reduced accordingly. Jayes v IMI [1985]

  12. Volenti Non Fit Injuria Where the claimant is held to have consented to or accepted the risk of harm, he cannot then sue if he suffers that harm. ICI v Shatwell [1965] Dann v Hamilton [1939].

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