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e. Causation in English law concerns the legal tests of remoteness, causation and foreseeability in the tort of negligence. It is also relevant for English criminal law and English contract law. In the English law of negligence, causation proves a direct link between the defendant ’s negligence and the claimant ’s loss and damage.
Palsgraf v. Long Island Railroad Co., 248 N.Y. 339, 162 N.E. 99 (1928), is a leading case in American tort law on the question of liability to an unforeseeable plaintiff.The case was heard by the New York Court of Appeals, the highest state court in New York; its opinion was written by Chief Judge Benjamin Cardozo, a leading figure in the development of American common law and later a United ...
Fairchild v Glenhaven Funeral Services Ltd. Fairchild v Glenhaven Funeral Services Ltd [2002] UKHL 22 is a leading case on causation in English tort law. It concerned malignant mesothelioma, a deadly disease caused by breathing asbestos fibres. The House of Lords approved the test of "materially increasing risk" of harm, as a deviation in some ...
Negligence, loss of a chance. Gregg v Scott [2005] UKHL 2 is an English tort law case, on the issue of loss of a chance, in causation. It affirms the principle of Hotson v East Berkshire Area Health Authority, on a narrow margin of 3 to 2. Lord Nicholls ' dissent is of particular note, in arguing that loss of a chance should be actionable.
Punitive damages – Punitive damages are to punish a defendant, rather than to compensate plaintiffs, in negligence cases. In most jurisdictions punitive damages are recoverable in a negligence action, but only if the plaintiff shows that the defendant's conduct was more than ordinary negligence (i.e., wanton and willful or reckless).
Kent v Griffiths [2000] 2 All ER 474 is an English tort law case from the Court of Appeal concerning negligence, particularly the duty of care owed by the emergency services; particularly the ambulance service. The emergency services do not generally owe a duty of care to the public except in certain, limited circumstances (Hill v Chief ...
Tort, negligence, factual causation, McGhee v National Coal Board [1972] UKHL 7 , 1 W.L.R. 1, is a leading tort case decided by the House of Lords . The Lords held that where a breach of duty has a material effect on the likelihood of injury then the subsequent injury will be said to have been caused by the breach.
Chester v Afshar. Chester v Afshar [2004] UKHL 41 is an important English tort law case regarding causation in a medical negligence context. In it, the House of Lords decided that when a doctor fails to inform a patient of the risks of surgery, it is not necessary to show that the failure to inform caused the harm incurred.
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