Increased risk 32 mcghee v national coal board hol 1

Info icon This preview shows pages 32–34. Sign up to view the full content.

View Full Document Right Arrow Icon
Increased Risk 32 McGhee v National Coal Board (HOL – 1 st case/bad 1972) FACTS: P worked for D. His job was to get into kilns and clean them after coal’s made at the end of the day. Common that sweat softens they skin and particles get under it. P used to bike home and shower. The employers negligently didn’t provide showers. He got bad dermatitis and sued. Medical evidence said that he may have Fairchild v Glenhaven Funeral Services Ltd. FACTS: 3 cases heard together. 2 by widows and 3 rd by a dying man. All victims has meso phylioma – 1 fibre gets into your long producing a cancer that shows itself 40 yrs later and wanted to sue the asbestos companies. There was a problem establishing causation because the victims worked for multiple companies and it was impossible to prove which fibre came from where. Originally it was held that they couldn’t sue but after a public outcry HOL changed law to make sure they were compensated. HELD: Unanimously found for the plaintiffs. Full liability could be imposed on ALL the companies despite only one being responsible. RULE: In employment cases where a breach of duty materially increases the risk , it should be seen as materially increasing the disease ( McGhee ) This rule: o Use when medicine must not be able to prove otherwise. o Don’t need to have all defendants in the court. o Doesn’t need to be employer/employee relationship. o Don’t need to have more than one possible defendant. o Don’t have to show that a particular defendant was responsible. Bingham: Any injustice put on duty breaking employer will be outweighed by the injustice to the plaintiff. Bingham: Would not use this rule in a situation with multiple causes. Nichol L: Need to use a value judgement. Hoffman: Wouldn’t limit to cases with just one cause. Hutton: Interest in justice that principle be followed. Roger: Policy – don’t want to leave plaintiff uncompensated. Wouldn’t limit to cases with just one cause.
Image of page 32

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
NOVUS ACTUS INTERVENIENS (New Intervening Cause) 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. - A subsequent event may break the chain of causation stemming from the original act of negligence and become the true cause. - If an NAI occurs, the plaintiff will not be liable for anything that happens after the break . - If there is no NAI, the second party will be liable for everything that happens after their negligent act. - P can sue one or both. The Oropesa (1943) FACTS: Two ships collided because of the Oropesa’s negligence. The captain of the sinking ship ordered men, including P, onto a life boat to get to Oropesa. The life boat overturned and P drowned. The parents sued the Oropesa. Oropesa could argue that the captains actions were an NAI.
Image of page 33
Image of page 34
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern