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Tort Negligence |
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Tort Coursework The issue of causation in the tort of negligence can in many situations be established through the use of the ‘but for’ test . ... For example, it is important to note that the courts’ approach may differ according to whether the supervening event is natural or a tort. ... The House of Lords held a plaintiff’s claim could only be awarded on an all or nothing basis and that there was no principle in tort which allowed for a percentage of full recovery based on probability. ... There has been some debate since this ruling as to whether loss of chance damages should be awarded, and on the difference between overall statistical chance and personal chance, but as yet there has been no definitive ruling in the case of medical negligence . ... In Knightley v Johns [1982] 1 All ER 851 the court held that in order to establish whether a novus actus interveniens had occurred it was necessary to apply common sense in answering the question ‘was the damage a natural and probable, ie reasonably foreseeable, result of the defendant’s negligence? ... If it is the claimant’s action that is being claimed to be a nova causa then the partial defence of contributory negligence, under the Law Reform (Contributory Negligence) Act 1945, may be used. In contrast, in certain scenarios it may be argued that it is the action of third parties that breaks the chain of causation between the negligence and the damage. ... In the case of Hogan v Bentnick Collieries [1949] 1 All ER 588 it was held that medical negligence interrupted the chain of causation. ... ’ In R v Cheshire [1991] 3 All ER 670, Beldam LJ indicated that the chain is more likely to be broken in tort than in criminal law as tort is concerned with compensation rather than deterrence. ... As well as being fairer to defendants this principle means that foreseeability is necessary at all three stages of negligence: duty of care, breach and damage. |
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Title: Tort Negligence
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