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Tags
#causation #law #negligence #tort
Question
the basic situation is that acts will break the chain when they are unforeseeable but will not break the chain where they can be foreseen by the defendant. Unforeseeable acts by the claimant will generally be those that are also unreasonable. A helpful case on this issue is Spencer v Wincanton Holdings Ltd [2009] EWCA Civ 1404, in which Lord Justice Sedley states that the question of where to halt liability is governed, overall, by the concept of fairness:

Fairness, baldly stated, might be thought to take things little further than reasonableness. But what it does is acknowledge that a succession of consequences which in fact and in logic is infinite will be halted by the law when it becomes unfair to let it continue. In relation to tortious liability for personal injury, this point is reached when (though not only when) [...].

Answer
the claimant suffers a further injury which, while it would not have happened without the initial injury, has been in substance brought about by the claimant and not the tortfeasor

Tags
#causation #law #negligence #tort
Question
the basic situation is that acts will break the chain when they are unforeseeable but will not break the chain where they can be foreseen by the defendant. Unforeseeable acts by the claimant will generally be those that are also unreasonable. A helpful case on this issue is Spencer v Wincanton Holdings Ltd [2009] EWCA Civ 1404, in which Lord Justice Sedley states that the question of where to halt liability is governed, overall, by the concept of fairness:

Fairness, baldly stated, might be thought to take things little further than reasonableness. But what it does is acknowledge that a succession of consequences which in fact and in logic is infinite will be halted by the law when it becomes unfair to let it continue. In relation to tortious liability for personal injury, this point is reached when (though not only when) [...].

Answer
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Tags
#causation #law #negligence #tort
Question
the basic situation is that acts will break the chain when they are unforeseeable but will not break the chain where they can be foreseen by the defendant. Unforeseeable acts by the claimant will generally be those that are also unreasonable. A helpful case on this issue is Spencer v Wincanton Holdings Ltd [2009] EWCA Civ 1404, in which Lord Justice Sedley states that the question of where to halt liability is governed, overall, by the concept of fairness:

Fairness, baldly stated, might be thought to take things little further than reasonableness. But what it does is acknowledge that a succession of consequences which in fact and in logic is infinite will be halted by the law when it becomes unfair to let it continue. In relation to tortious liability for personal injury, this point is reached when (though not only when) [...].

Answer
the claimant suffers a further injury which, while it would not have happened without the initial injury, has been in substance brought about by the claimant and not the tortfeasor
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a succession of consequences which in fact and in logic is infinite will be halted by the law when it becomes unfair to let it continue. In relation to tortious liability for personal injury, this point is reached when (though not only when) <span>the claimant suffers a further injury which, while it would not have happened without the initial injury, has been in substance brought about by the claimant and not the tortfeasor. <span><body><html>

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