Gain Immediate access to our Essays
FREE access exchanged for your work, or pay £9.99
Words: 1,000 | Submitted: Sun Nov 04 2007
... lessen or negate a parties fault. This is seen in the "but for" test for causation in tort. The best example being in Barnett v Chelsea and Kensington HMC where a man went to A&E complaining of vomiting but was sent home, he later died and there is no doubt he was owed a duty of care by the hospital and there was a breach of that duty. However the man had died from arsenic poisoning, and any actions that could have been taken by the hospital would not have changed the outcome, to in effect their fault was negated. The level of fault is also dependant of whether the consequences were reasonably foreseeable, as seen in The Wagon Mound. In this case the ignition of a piece of cotton was deemed to be so far removed from the original spilling of oil that the fault of the oil company ...
FREE access exchanged for your work, or pay £9.99