Tort -Seminar 4 - Causation - Bhvana - BL102 by Claire Turner

claire43 — 2022-10-25 11:26:20 UTC

Link to Text Book

claire43 — 2023-10-17 10:20:34 UTC

Andy was driving his car whilst also using his mobile phone when he failed to notice that the traffic ahead of him had stopped at red traffic lights. He ran into the rear of Bhavna's car, causing a large dent in the back bumper, and whiplash injuries to her neck. In fact, Bhavna had reversed her car into a wall the previous week and the car was due to have a new back bumper fitted.

claire43 — 2023-10-17 10:24:01 UTC

Bhavna was taken to hospital for treatment for her neck injury, where Dr Carl injected her with the incorrect drug, causing permanent nerve damage to her neck. Bhavna also discovered that she had lost about 50% of the use of her left leg. The medical evidence indicated that this could have happened for one of two reasons; it could be because she was given the incorrect drug, but it does sometimes happen as a result of whiplash injuries, even where the correct treatment is given. Advise Bhavna as to her remedies in tort.

Claim 1 - Claimant - B Defendant A

claire43 — 2024-10-15 10:38:33 UTC

Negligence - physical damage to car bumper

Duty of care - Nettleship v Weston

Breach - Blythe v Birmingham - reasonable person wouldn't been on their phone

Causation - But for test - Barnett v Chelsea - not established (Performance Cars v Abraham) -Had the second tort had no effect given the continuing act of the first?

Claim 2 - neck injury

claire43 — 2024-10-15 10:40:44 UTC

Claimant - B

Defendant/s - Carl/Andy

Negligence - Duty? Wilsher

Breached? - Bolam - reasonable doctor would not have injected the incorrect drug.

Causation - consecutive - Lord Normand Hogan v Bentinck ' if a surgeon, by lack of skill or failure in reasonable care, causes additional damage or aggravates an existing injury and so renders himself liable in damages'

Claim 3 - Leg injury

claire43 — 2024-10-15 10:41:50 UTC

Claimant - B

Defendant - Dr Carl/Andy

Breach as above

Causation - Prove causation - But for apply

Claimant - material contribution to the injury (Bonnington Castings v Wardlow) as They have both contributed to the injury they are jointly severably liable.

Defence - All or nothing approach (Wilsher)