Did she receive reasonable care regarding that all

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for those who have had reasonable care but not the best care..”. Did she receive reasonable care? Regarding that all doctors must inform them of material risks. Talking bout diff scenario, not relevant here. o 3. Multiple alternative causes: E.g. 2 people shoot and 1 bullet hits plaintiff- Does plaintiff need to prove which defendant hit them? Canadian case: men out hunting- 2 men shoot, hitting another man. Couldn’t tell which one shot him. Fairchild v Glenhaven Funeral Services Ltd [2003] : Issue – what if there are more than one independent acts of negligence by more than one person and one, but not more than one , is the cause. But plaintiff can’t prove which? o Fairchild v Glenhaven Funeral Services Ltd [2003] (British case): back to McGee’s case: increased risk case but another factor (multiple alternative factor case): Issue – what if there are more than one independent acts of negligence by more than one person and one, but not more than one, is the cause. But plaintiff can’t prove which? All Plaintiffs were suffering from mezophelioma, they all worked with asbestos all their lives and all worked for different employers. All the employers said they breached their doc (hadn’t taken sufficient care for employees), don’t know which one. 2 most common asbestosis (lung disease- disease gets worse with the more asbestos they inhale), mezophelioma (fatal cancer, always fatal, most likely caused by one fiber getting into one part of body- al exposed to asbestos (low risk but only need one fibre to do this- but when working in an area with more fiber then more of a risk- can take 40yrs til symptoms show). Working along all working life, for all different employers all working with asbestos. 40 yrs later get cancer, don’t know which employer was liable- but for test doesn’t work. Test case for asbestos victims- all employers said not liable cannot prove we caused your injury- won on trial and won on appeal. Hol knew there was an outcry- unanimously found for plaintiffs- had to change law of torts to do it- said full liab could be imp for all of these emp for increasing risk of harm, even though only one of them could’ve caused it. Look at- 1: what policies influenced them? Lord Bingham: policy consideration and strong policy argument. Where suffer harm from d’s breach. P9. A and b owed c a duty to protect c against a particular and serious kind of harm. They failed to perform that duty. as a result the risk eventuated and c suffered the very harm against which he\\it was the duty of a and b to protect him. Had there been only one tortfeasor, c would have been entitled to recover, but because the duty owed to him was broken by 2 tortfeasors and not only one, he is helf to be entitled to recover against neither, because of .. The crux of cases such as the present, if the appellants argument is upheld, is that an employers may be held liable for damage he has not caused. The risk is the greater where all the employers potentially liable are not.. On the other hand, there is a strong policy arg in favour of comp those who
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