Disputes 2: Causation In Fact

Front 15

Concurrent Causes

Back 15

Both D's are liable for the injuries caused

Front 16

Successive Causes

Back 16

D1 is liable for injuries he caused, D2 liable for additional injuries caused by later act

Front 17

Performance Cars v Abraham

Successive Causes

Back 17

- 2 cars hit a Rolls Royce

- D1 still liable for respray because it already needed one when D2 hit

Front 18

Novus Actus Interveniens

Back 18

1. 3rd party act

2. Act of claimant

3. Act of nature

Front 19

Lamb v Camden Council

3rd Party - NAI

Back 19

Original D will be liable where intervening act is one that should be foreseen

Front 20

Knightley v Johns

3rd Party - NAI

Back 20

Original D will still be liable if intervening act does not cause the loss

Front 21

Baker v Willoughby

3rd Party - NAI

Back 21

- C was knocked down by a car and suffered a leg injury, he was then shot in the leg and it had to be amputated

- Gunman's act was not a novus actus interveniens

Front 22

Jobling v Associated Diaries

3rd Party - NAI

Back 22

- Injured due to employers negligence, injured his back and later suffered a spinal disease which was not brought about by the accident

- Disease was a novus actus interveniens

Front 23

McKew v Holland and Hannen

Act of C - NAI

Back 23

- C suffered a leg injury and later tried to descend a steep flight of stairs without assistance and fell

- D was not liable for second injuries as his actions were unreasonable