(3) Causation - DAMAGE Causation (a) SINGLE CAUSES Use...

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DAMAGE Causation (a) SINGLE CAUSES Use but-for test: X would not have suffered but-for Y’s negligence. X cannot show that on the balance of probabilities it is more probably that he would not have suffered damage but-for Y’s negligence. : PERFORMANCE CARS V ABRAHAM D smashed P’s already smashed car causing no new damage. No L. YEO PECK HOCK HENRY V PAI LILY D failed to advice P to go hospital for immediate treatment but might not be healed even if immediate. No L. “CAUSATIVE FACTOR TEST” . (when there are more causes.) If no one/nothing else caused or contributed to the damage, P will be wholly liable. However, if someone/event contributed to the damage, then D will be liable to the extent that his act was also causative. (b) MULTIPLE CONSECUTIVE CAUSES Consecutive tort It is not a novus actus interveniens because each D contributed to the damage. Where there are two consecutive tortuous acts, each D is liable for the damage he caused notwithstanding that the second tort appears to wipe out the effect of the first tort. BAKER V WILLOUGHBY Where D’s tort is supervened by a natural event, D’s liability ceases from the time the natural event takes effect. Otherwise, D will compensate P for damage he hasn’t caused – this damage is attributable to the ‘vicissitudes of life’ JOBLING V ASSOCIATED DAIRIES LTD : 1
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(c) MULTIPLE POTENTIAL CAUSES Where two parties are both equally negligent they will both be held liable if it is unascertainable who caused what proportion of the damage notwithstanding the fact that one of them might be innocent. COOK V LEWIS Same rule as above, however, two parties both contributed to the damage. FITZGERALD V LANE
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This note was uploaded on 02/07/2012 for the course LGST 101 taught by Professor Hsu during the Spring '11 term at Singapore Management.

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(3) Causation - DAMAGE Causation (a) SINGLE CAUSES Use...

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