What is factual causation?

What is legal causation?

What is the primary test for establishing factual causation?

Give an authority in which no causation was found using the 'but for' test.

Give a case in which the irresponsible actions of the claimant broke the chain of causation.

Give a case in which the actions of the claimant were not considered irresponsible enough to brake the chain of causation.

Give a case in which the actions of the claimant were irresponsible, but, for the sake of fairness, the courts decided to see the chain of causation as unbroken. How did the courts take the claimant's irresponsibility into account?

Give an authority where multiple independent causational factors lead to the courts finding no causation.

Who has the burden of proof in the 'but for' causation test?

What is the minimum possible likelihood that the breach caused the loss for causation to be found?

Give an authority where the court of the first instance tried a novel way of awarding damages in a case of multiple causation. Did the HoL approve?

Give an authority that shows what happens if the initial probability of survival, though reduced through negilgence, was already below 50%.

Give an example in which the courts used a novel way of awarding damages for pure economic loss, that is not normally used for other types of loss.

Loss of chance has generally not been allowed in personal injury claims. When have courts allowed it? Give case authority.

Give a case that shows the 'material contribution test' in contributory negligence.

Give a case where medical or other expert witnesses are unable to say conclusively whether the claimants loss was the result of negligence, or the natural progression of their disease.

Give a case where the Bonnington test could not be applied, leading the courts to invent a new test.

Give a case where the Wiltsher 'but for' test, and the Bonnington 'material contribution test' could not be applied. It shows an extension of the principle in McGhee.

Give a case similar to Fairchild in which the courts used a different approach to apportioning damages.

Give an example of the court apportioning blame between the claimant an multiple defendants.

What is the term that describes acts that happen after a negligent breach that break the chain of causation?

What are the 3 types of novus actus interveniens?

Acts of God or Natural Events will only break the chain of causation if they are unforeseeable and independent. Give an authority that shows when an act of god could be forseeable.

What if an accident sends the victim criminally insane? Can they claim for the acts they commit as a result? Give authority.

Give an authority that shows how the act of a third party can break the chain of causation.

What if the victim acts instinctively in the heat of the moment?

How do the courts generally treat medical negligence (by a third party) that follows a tortious injury? Give authority

Courts often consider whether or not the claimant acted reasonably after the event. If they did, no break in causation is found. Give authority.

What if the victim commits suicide when the defendant has a duty of care towards the claimant? Is that seen as breaking the chain of causation?

What if the victim commits suicide? Is that seen as breaking the chain of causation? What about if suicide is not part of the initial duty of care?

What if the victim of a tortious injury sustains a second tortious injury that requires the limb injured in the first accident to be amputated?

What if the victim of a tortious injury subsequently develops a congenital disease in the same area?

Claimant is injured in two accidents. Injuries compound each other. How much can he claim from the second defendant?

What if a car gets damaged on the way to the body shop to get repaired for damage from a previous accident? Can they claim for the respray in the second claim?

What was the authority for insurance companies wanting to deny liability for mesothelioma claims? On what grounds?

What was the authority for insurance companies wanting to split liability for mesothelioma claims? On what grounds?

What is the authority for the only time fairchild has been applied for a non mesothelioma case?