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Causation in negligence

"In negligence law, the doctrine of legal causation confers too much discretion on judges.

Discuss"

Really struggling with this... any help would be greatly appreciated. ive got my word count and i dont even think ive answered the question properly yet....
Original post by Joe1882
"In negligence law, the doctrine of legal causation confers too much discretion on judges.

Discuss"

Really struggling with this... any help would be greatly appreciated. ive got my word count and i dont even think ive answered the question properly yet....


Is this delict or tort?
Reply 2
Avatar for Joe1882
Joe1882
OP
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Original post by apronedsamurai
Is this delict or tort?


Sorry its tort
Original post by Joe1882
Sorry its tort


Well I would be inclined to say no.

There is the duty of care owed to neighbours a la Donague vs Stevenson (1932)

We have the doctrine of causa sine qua non, and causation; novus actus interveniens

We have stepney vs hackney borough council case; all of which provide the framework for the determination of culpablity. But given that they are doctrines that have formed part of the res judicia, one could argue that they are limiting on the power of judges rather than expanding.

You may also wish to consider judicial censure, discretion and ultra vires actions, with a slant to natural justice, and malfeasance (although that would be more of a lemon on the gin and tonic).

Just my 2 pennies!
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Avatar for yastyb
yastyb
2
Original post by Joe1882
"In negligence law, the doctrine of legal causation confers too much discretion on judges.

Discuss"

Really struggling with this... any help would be greatly appreciated. ive got my word count and i dont even think ive answered the question properly yet....


Really interesting question!

I believe it hinges on the judges' extension of the but/for test in order to mitigate its harshness and to introduce, to a certain extent, as the person mentioned above, a sense of justice in the law.

See Fairchild/McGhee exception (and other cases under the exception)

See Hotson and Gregg v Scott (dissent by lord nicholls)

Good luck!
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Avatar for Mimir
Mimir
20
Original post by apronedsamurai
Well I would be inclined to say no.

Just my 2 pennies


I agree with the Nobel Lord.

Make sure you cover Professional/Clinical Negligence if you've already studied that. The case of Bolam and Bolithe (spelling?) will help with regard to causation in professional negligence.

To reduce your word count, don't waffle, and simply apply the cases straight to the essay (don't go stating the facts, just the precedent the case developed).

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