Held no nai to break the causal chain the later event

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HELD: No NAI To break the causal chain, the later event must be ultroneous, unwarrantable or extrinsic. NO DEFINITION OF WHAT THIS MEANS. Chain can be broken by a voluntary act or coincidence . DOESN’T SAY WHICH ONES.
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Voluntary Human Act - Deliberate, informed, free act by a 3 rd person under no pressure. NB: Courts need the person to have an understanding of the consequences of their human act. NB: Reasonable foreseeability NOT the test, look at: After one lot of negligence or before the second lot of negligence was the second lot of negligence likely to occur (but for test). COINCIDENCE - A causally independent event, the conjunction of which with the wrongful act/omission, is by ordinary standards so extremely unlikely. E.g. Lightning/earthquake. 34 Haber v Walker FACTS: P’s husband was in a car accident and suffered brain damage. He later developed depression and committed suicide. P sued the driver who argued that his committing suicide was an NAI. HELD: No NAI Because of the brain trauma/disability his act was not considered voluntary . Mahoney v Kruschich FACTS: P was injured at work. P went to the doctor for treatment but the doctor was negligent and caused further injuries. P sued his employer. HELD: No NAI Original injury carries risk of negligent medical treatment . In an ordinary case where efficient medical services are available the original injury does not carry risk of gross negligent medical treatment . This case used reasonable foreseeability but this is NOT the test. REMOTENESS
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Section 51(b): A determination of causation includes – that it is appropriate for the scope of the negligent person’s liability to extend to the harm so caused. Section 51(4): When determining scope courts must consider whether or not or why the responsibility should be imposed on the negligent party. REASONABLE FORESEEABILITY - Was the kind of damage suffered by the plaintiff reasonably foreseeable as a consequence of the defendant’s negligence (kind of carelessness ) Kind of Injury - If acting for P construe broadly/if acting for D construe narrowly Wagonmound No. 1 (PC) FACTS: D’ were charterers of the Wagonmound and pulled into Sydney harbour where P’s ship was being repaired. Some fuel oil negligently spilled from the Wagonmound and drifted to P’s wharf. P who was welding the ship saw the oil and stopped working, decided there was no danger so continued. Some molten metal fell onto some cotton in the water and a huge fire started. P sued D. The trial judge used the directness test and it was held the result was insufficiently direct/foreseeable. HELD: Overruled. The kind of damage was reasonably foreseeable. Essential factor is whether damage is of such a kind that the reasonable man Wagonmound 2 FACTS: P was the owner of two other ships in the bay. Trial judge held that D was liable (cf. Wagonmound 1 ). D’s (owner’s of the ships) couldn’t be contributorily negligent because they weren’t present.
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