Philosophy 2080 Lecture Notes - Floodgate, National Coal Board

• School: Western University
• Department: Philosophy
• Course: Philosophy 2080
• Professor: James Hildebrand

Document Summary

Lord reid allows an inference of fact if risk and injury are proved. Reid also rejects any difference between material contribution and material increase in the risk of injury. But if lord wilberforce is correct, the burden of proof becomes the defendant"s, with the ability to prove lack of causation. In reality is appears that the practical effect of each law lord"s decision is the same. In the bonnington castings case, there were two known material causes. So we know each factor contributed to the injury. In that kind of case, the source of each contributing cause will be liable for the injury. Think about a person being shot four times. The evidence establishes that each bullet contributed to the death of the victim. In that case, each bullet is a material contribution to the injury. Inbonnington we have two known causes, and an apportioning between the causes.