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joti Zandu
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But for test plan

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joti Zandu
Created by joti Zandu over 9 years ago
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But for testIntroduction (250w)Brief overview of topicThe 'but for' test (DefinitionWithin this essay i will highlight the strengths andweaknesses of the 'but for' test....Paragraph one (300w)StrengthWeaknessConclusionCasescasesParagraph two (300w)StrengthcasesConclusionWeaknessCasesParagraph three (300w)StrengthCasesConclusionWeaknessCasesConclusion (250w)In my submission/ I submit that.... with support from legal authorityTie upargumentswhat affect does it have onthe law, on future casesInvolves an element of guessworkMc Williams v Sir William Arrol (1962)Common SenseEstablished on abalance ofprobabilitiesBarnett v Kensington &Chelsea ManagementCommittee (1969)- Fairchild v Glenhaven [2002] - Wilsher v Essex AHA[1988] - Bolitho v City & Hackney Health Authority [1997] -Nyang v G4S Care & Justice Services Ltd & Ors [2013]McGee v National Coal Board [1973]Indeterminate causes (more than onecause) / loss of chanceHotson v East BerkshireArea Health Authority[1987] Gregg v Scott(2005) - see baronessHale’s explanation - pg 263HorseyHOWEVER: Bonnington Castings Ltd v Wardlaw - "Hedid not have to demonstrate on the balance ofprobabilities that the guilty dust was the sole cause ofthe disease." Material Contribution to harmHENCE WHY (LINK BACK): Barnett v Kensington & Chelsea ManagementCommittee [1969] - The hospital was not liable as the doctor's failure toexamine the patient did not cause his death. Introduced the 'but for' test iewould the result have occurred but for the act or omission of thedefendant? If yes, the defendant is not liable. Cook v LewisLord Reid “A man us not compensated forthe physical injury he is compensated forthe loss which he suffers as a result ofthat injury.” Read more at Law Teacher:OmissionsBolitho Wright v Cambridge MedicalGroup (2011) - pg 265 HorseyEggshell skulls - 'The tortfeasor must take hisvictim as he finds him' Read more at LawTeacher - pg 271 HorseyHOWEVER: Compensation Act 2006 -Holtby - Pg 255 HorseyMontgomery v Lanarkshire HealthBoard [2015] - Pg 259 HorseySindell v Abbot Laboratories [1980] - pg 260HorseyJournalStatuteJournalStatuteJournalStatuteDouble click this nodeto edit the textClick and drag this buttonto create a new node