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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.
The but-for test is factual causation and often gives us the right answer to causal problems, but sometimes not. Two difficulties are immediately obvious. The first is that under the but-for test, almost anything is a cause. But for a tortfeasor's grandmother's birth, the relevant tortious conduct would not have occurred.
R v Smith (Thomas Joseph) [1959] 2 QB 35 is an English criminal law case, dealing with causation and homicide.The court ruled that neither negligence of medical staff, nor being dropped on the way from a stretcher twice, constituted breaks in the chain of causation in murder cases.
Most requirements for a successful actus reus require a voluntary act, or omission, for evidence of fault. There is also a requirement for a clear causation, there is no liability or fault if the defendant was not actually the sole cause of the act, this is so if there was an intervention of a third party, an unexpected natural event, or the victim's own act.
Proximate cause is a key principle of insurance and is concerned with how the loss or damage actually occurred. There are several competing theories of proximate cause (see Other factors ). For an act to be deemed to cause a harm, both tests must be met; proximate cause is a legal limitation on cause-in-fact.
Case history; Prior: White v. Burlington Northern & Santa Fe Railroad Co., 364 F.3d 789 (6th Cir. 2004). Holding; The anti-retaliation provision (42 U. S. C. §2000e–3(a)) under Title VII of the Civil Rights Act of 1964 does not confine the actions and harms it forbids to those that are related to employment or occur at the workplace.
R v Whiteley (1991) 93 Cr App R 25 was an important case in the criminal law of England & Wales in relation to criminal damage. It established that for the purposes of the Criminal Damage Act 1971, [ 1 ] the property in question must be tangible but the damage done may be intangible. [ 2 ]
Alabama v. White, 496 US 325 (1990), is a U.S. Supreme Court case involving the Fourth Amendment.The majority opinion ruled that anonymous tips can provide reasonable suspicion for a traffic stop provided that police can factually verify the circumstances asserted by the tip.