LAWG 101D1 Lecture Notes - Lecture 21: Local Anesthetic, National Coal Board, Consumer Protection
23 Jan 2018
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Tolstoy war and peace: not one thing is the cause "all this is only the coincidence of conditions under which every organic, elemental event of life is accomplished" Just because you have to establish a causal link, it doesn"t mean its always easy to determine. If the doctors had acted reasonably he may not have suffer paraperesis. But what the judge says you can"t jump from "negligence increased chance" of injury to negligence caused injury: st jean first wants the court to reverse the onus onto the defendant. The doctors would have to show that their negligence did not cause injury. But, he did not show casual: st. jean wants the court to apply a presumption. He did show that the fault increase a risk, so utilize the presumption mechanism to lessen his standard of proof. The scc says that presumptions are only for serious cases, specifically for cases where there is inherent uncertainty in identifying the wrongdoer .
