ECON-1006EL Study Guide - Quiz Guide: Peter Sutcliffe, Chief Constable, Miscarriage

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If harm to the claimant would not have occurred but for the defendant"s negligence then that negligence is a cause of the harm if the loss would occur in any event, the defendant"s conduct is not a cause. The but for test will not always solve the problem. Ie where two simultaneous wrongs are done to the claimant, each of which would in itself be sufficient to cause the damage. In this case the test leads to the absurd result that neither breach is a cause of the damage. Hill v chief constable of west yorkshire (1987) Action against the police for failing to arrest the yorkshire ripper". Where damage or injury which has occurred is far removed from the cause of the damage or injury. Overseas tankship ltd v morts dock engineering co. (the wagon mound no. The defendants had negligently allowed some oil from their ship to spill into sydney harbour.

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