Law 2101 Lecture Notes - Lecture 5: Hospital Management Committee, Paraffin Wax, Overdetermination
13 Mar 2014
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Question of fact: must only prove negligent act was a cause, not the most important cause, or a direct cause, or an immediate cause, multiple injuries must be analyzed separately- For test, plaintiff couldn"t prove on balance of probabilities who it was. High court in england said he can sue. Easy to say, hard to apply: the mother test: you ask yourself what would your mother say if you propose to do what the plaintiff did , the wagon mound (no. No, nobody had ever heard of this happening, mother would not give lighting on fire as an answer; mother test gives same result as reasonable- foreseeable test. Was damage to children (severe burns +loss of limbs) nobody had ever heard of paraffin wax exploding, burning, yes but not exploding. No, mother would say pick axe causing flood may cause damage, but not squatters to come move in. Thin skull rule: take victim as found.
