Where there are several possible independent causes of a loss and it is not possible to prove from the evidence available which one actually caused the loss then [...]. This is because the claimant has the burden of proof when applying the but for test. There is one notable exception to this – Fairchild v Glenhaven Funeral Services Ltd & Others [2003] 1 AC 32 discussed below.
Answer
the claimant will fail
Tags
#causation #law #negligence #tort
Question
Where there are several possible independent causes of a loss and it is not possible to prove from the evidence available which one actually caused the loss then [...]. This is because the claimant has the burden of proof when applying the but for test. There is one notable exception to this – Fairchild v Glenhaven Funeral Services Ltd & Others [2003] 1 AC 32 discussed below.
Answer
?
Tags
#causation #law #negligence #tort
Question
Where there are several possible independent causes of a loss and it is not possible to prove from the evidence available which one actually caused the loss then [...]. This is because the claimant has the burden of proof when applying the but for test. There is one notable exception to this – Fairchild v Glenhaven Funeral Services Ltd & Others [2003] 1 AC 32 discussed below.
Answer
the claimant will fail
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Parent (intermediate) annotation
Open it Where there are several possible independent causes of a loss and it is not possible to prove from the evidence available which one actually caused the loss then the claimant will fail. This is because the claimant has the burden of proof when applying the but for test. There is one notable exception to this – Fairchild v Glenhaven Funeral Services Ltd & Others
Original toplevel document (pdf)
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Summary
status
not learned
measured difficulty
37% [default]
last interval [days]
repetition number in this series
0
memorised on
scheduled repetition
scheduled repetition interval
last repetition or drill
Details
No repetitions
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