page 677, observed that if the problem were merely a causation...... but the investigation was concerned with 'fault' which included blame worthiness ... well as causation, and no true apportionment could be reached unless both those factors were borne in mind. The noble Lord thereafter proceeded to give
held to be novus actus interveniens which breaks the chain of causation; [See Munkman, Damages for Personal Injuries and Death, 5th edition, p. 31; Clerk ... constitute an intervening act breaking the chain of causation. Another case which may be mentioned is Lord v. Pacific Steam Navigation Co., Ltd., the Oropesa
Future Generali India Insurance Co Ltd vs Manjula Aubrey Tomlinson Christi on 20 October, 2023
waiting for fee or for consent".
The "but for" causation test :
The onus is on the Complainants to establish ... approach to causation. It depends on the balance of probabilities, "but for" the OP- doctor/ hospital's negligent act, the injury would
that the writ petition was not the appropriate proceeding for deciding the causation and responsibility for the unfortunate incident. By a detailed judgment dated 21st ... question of their individual negligence, role assigned to them in the causation of fire, extent of their responsibilities in preventing the fire and extent
basis of blameworthiness. This is expressed by Denning L. J. : 'Whilst causation is the decisive factor in determining whether there should be a reduced ... amount of the reduction does not depend solely on the degree of causation. The amount of the reduction .... involves a consideration, not only
nexus with the resultant injury or harm suffered. If the plaintiff shows causation or nexus of the injury with the negligent act, the plaintiff would ... honest error in judgment. Therefore, what is required to be judged is causation, nexus of injury with the action alleged to be negligent. There must
deceased received such serious injuries in the
said accident, which are the causative factor of his death. In this regard, it is
relevant to refer ... mean that the
injuries suffered by the deceased were not the causative factor of the death
or that he was not in comma
Pointing out the distinction between failure to exercise a statutory power giving causation for damage by positive act of negligence by another and some accidental ... There is a distinction between failure to exercise a statutory power giving causation for damage by positive act of negligence by another and some accidental
nexus with the resultant injury or harm suffered. If the plaintiff shows causation or nexus of the injury with the negligent act, the plaintiff would ... honest error in judgment. Therefore, what is required to be judged is causation, nexus of injury with the action alleged to be negligent. There must
