A causation question. Watch

Ryandrummond
Badges: 6
Rep:
?
#1
Report Thread starter 2 months ago
#1
I'm wondering if Causation or intervening acts are a factor when considering tort cases where the defendant is not the *true* cause of the claimant's injury. For example, where a driver swerves to avoid hitting something like a cone in the road, but hits a pedestrian while doing so. Would the driver have actually breached their duty of care? or would it be a breach of duty by whoever put the cone in the road (like a council worker etc)?.
0
reply
JPryor011
Badges: 4
Rep:
?
#2
Report 2 months ago
#2
This depends on the type of tort e.g. Negligence. in negligence, it is whether is it reasonably foreseeable that someone in C's position would suffer harm.

In addition, do not use criminal precedents e.g. Pagett, White, Smith etc as part of an argument in tort.
0
reply
X

Quick Reply

Attached files
Write a reply...
Reply
new posts
Latest
My Feed

See more of what you like on
The Student Room

You can personalise what you see on TSR. Tell us a little about yourself to get started.

Personalise

University open days

  • Manchester Metropolitan University
    Undergraduate Open Day Undergraduate
    Wed, 19 Jun '19
  • University of West London
    Undergraduate Open Day - West London Campus Undergraduate
    Wed, 19 Jun '19
  • University of Warwick
    Undergraduate Open Day Undergraduate
    Fri, 21 Jun '19

How did your AQA A-level Biology Paper 2 go?

Loved the paper - Feeling positive (405)
18.58%
The paper was reasonable (1038)
47.61%
Not feeling great about that exam... (484)
22.2%
It was TERRIBLE (253)
11.61%

Watched Threads

View All