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Words: | Submitted: Thu Jul 11 2002
... the place by leaving the door open. Causation is usually a case of common sense. However, it is a matter of law in complex situations. Each situation must be assessed individually; the players, the situation, the acts done, the omissions all contribute to an incident. However, common sense must be used when assessing it. Knightley v Johns [1982] 1 WLR 349 The 1st Defendant negligently caused a car accident at the opening of a tunnel. The 2nd Defendant was a copper in charge at the scene. He's negligently forgotten to close the tunnel, and so sent the Plaintiff to go and close it. Whilst driving down the tunnel, he was hit by another car. He claimed that the 1st Defendant was more to blame. It was said that the chain of causation had been broken by a negligent act (i.e. that of the 2nd Defendant). For chain of causation to be broken there ...
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