At the start of this paper I mentioned that causation. [45] Amaca Pty Ltd v Booth [2011] HCA 53; (2011) 246 CLR 36, 62 [70]. both are negligent. In other words, causation provides a means of connecting conduct with a resulting effect, typically an injury. [14] March v E & MH Stramare Pty Ltd [1991] HCA 12; (1991) 171 CLR 506, 516 – 519. Mr Banka died from a drug overdose after an extended drug binge including the heroin. By conflating these matters in point (iii) within causation, transparency is also lost. In Royall v The Queen,[3] a majority of the High Court considered the meaning of causation in the context of s 18(1)(a) of the Crimes Act 1900 (NSW). You must confirm your e-mail address before editing pages. *March v Stramare - Causation is determined by applying the 'but for' test as well as common sense principles to the facts of the case. as Dixon J of the Victorian Supreme Court recently observed with great cogency, the 'common sense' approach is not a legal test. J Fleming The Law of Torts ( 3rd Ed, Law Book Co, Sydney, 1965) p 231. MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v. ABDI (S156/1999) ... alternatively, misconceived and misapplied the principles stated in March v. E & MH Stramare Pty Limited (1991) 171 CLR 506. You do not have permission to edit this page, for the following reasons: The action you have requested is limited to users in the group: Users. [27] Eg Attorney General of Trinidad and Tobago v Ramanoop [2006] 1 AC 328. March v Stramare that these tests were both limited, and that a common-sense-based analysis of causation is necessary to offset the rigidity of the tests aforementioned. [33] Iraqi Airways committed the tort of conversion by taking possession of planes belonging to Kuwait Airways. a "common sense" approach to the issue of causation in preference to the "but for" test. March v E & MH Stramare Pty Ltd [1991] HCA 12 at para 5 per Mason CJ. Like many other examples considered below, it requires justification for why causation is either replaced by a different rule, or disregarded. The novus actus criterion, that is, cannot reliably yield sensible outcomes on a consistent basis.24 The present state of the law of causation, certainly in the torts context, is that ... 20 March v E & MH Stramare Pty Ltd (1991) 171 CLR 506 at 522 (Deane J); Medlin v State Government March v Stramare – This is a value judgement, that it would be unjust to hold the defendant legally responsible for an injury which, though it could be traced back to the defendant’s wrongful conduct, was the immediate result of unreasonable action on the part of the plaintiff. I will also explain reasons why judges have been reluctant to embrace this meaning. [34] Hence, it was argued, Iraqi Airways should not be liable to pay damages. A better answer might be to say that the law's concern with individual autonomy is such that a fraudster will be liable for losses that he or she has caused, or losses to which he or she has contributed. * The ship, Wagon Mound was taking furnace oil to … • ‘Alinemarkingtheboundaryofthedamageforwhicha) tortfeasoris)liable)in)negligence)may)be)drawn)either because)the)relevantinjury)is)notreasonably)foreseeable)or (3) If causation is not found to exist, should responsibility be imposed in any event? [16] An example given by Lord Walker of Gestingthorpe in Chester v Afshar[2004] UKHL 41; [2005] 1 AC 134, 164 [94]; H L A Hart and A M Honoré Causation in the Law (2nd edn, 1985) 109. [38] Edgington v Fitzmaurice (1885) 29 Ch 459, 483. [18] M'Kew v Holland [1969] UKHL 9; [1970]SC (HL) 20. I start with the leading causation decision of the High Court of Australia in relation to the law of torts. [4] Campbell v The Queen (1981) WAR 286, 290. For some time, these damages were described as "vindicatory damages". Facts. MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v. ABDI (S156/1999) ... alternatively, misconceived and misapplied the principles stated in March v. E & MH Stramare Pty Limited (1991) 171 CLR 506. ... constituted a novus actus interveniens. assault—novus actus interveniens—whether decision and/ or doctors’ acts break causal link WALLACE (BERLINAH) [2018] EWCA Crim 690; March 28, 2018 W threw acid over the victim, MD, whose resulting inju-ries left him disfigured, paralysed, partially blind and in … 9. The first observation is that the analogy with D 9.2.11.2 was apt but Julian was not necessarily asking the same questions as the House of Lords in Fairchild. Slightly more controversial is the application of the same approach to cases involving the accountability of a trustee or company director as a custodian of assets. You must confirm your e-mail address before editing pages. Causation of loss is not required because loss is not required. In criminal law, it is defined as the actus reus (an action) from which the specific injury or other effect arose and is combined with mens rea (a state of mind) to comprise the elements of guilt. , I will explain why I believe that the only meaning of causation is "necessity" or, in the common parlance, a test of "but for" causation. Thus, if the 'but for' test has been met, but the outcome is disliked it cannot be used to amend it. As the High Court said of the New South Wales Civil Liability legislation in Wallace v Kam,[24] it ‘involves nothing more or less than the application of a "but for" test of causation’. Instead, the lost chance is treated as compensable in itself. For instance, liability might be denied because there is no duty. 1985) 30-41. When the House of Lords heard the case in 2002, it was generally (perhaps incorrectly) assumed that all the employers had committed a wrong, much like all the persons who struck the slave. In D 9.2.11.2, Julian asked only if the person striking the slave was liable. Jump to: navigation, search. He assumed that the reference to "that substance" was a reference to the heroin only. Listing dates, Orders & links to judgments, Subscribe to Judgments & Events by NPA; Practice News, Daily Court Lists and more, User group meetings, Harmonised Rules Committees (Bankruptcy & Corporations). [52] Barker v Corus UK Ltd [2006] UKHL 20; [2006] 2 AC 572. The underlying theme for today’s conference is causation. Including Bankruptcy, Corporations, Migration, Administrative & Constitutional Law and Human Rights; Communicating with the Court; Expert witnesses. [40] Standard Chartered Bank v Pakistan Shipping Corporation (Nos 2 & 4) [2003] 1 AC 959. The leading decision was given by Mason CJ, with whom Toohey and Gaudron JJ agreed. Lord Hoffmann, who sat on the court, later described the decision of the House of Lords as being based on the notion that 'it was not necessary that the conversion should have caused the loss. In Sindell v Abbott Laboratories 607 P 2d 924 (1980) the plaintiff consumed medication that caused bodily injury due to its negligent manufacture. 20. In particular, the. The Defendant [Stramare] parked a truck in the middle of the road whilst they were unloading items into a shop. It has to be based upon a rule that enables the tribunal of fact to make a value judgment that in the circumstances legal responsibility did not attach to the defendant even though his or her act or omission was a necessary precondition of the occurrence of the damage. Which I respectfully submit may be that this rule is now too well to..., Mason CJ many cases causation means that an event must be necessary for an outcome death! Desirable approach 9 Sellars v Adelaide Petroleum NL ( 1994 ) 179 CLR 332 & Anor [ 2015 ] 190! ] Eg Attorney General of Trinidad and Tobago v Ramanoop [ 2006 ] 1 AC.. Slave was liable to pay damages for conversion moves from there ( not! Illustrated this idea by reference to concepts of top down and bottom reasoning... The application of a `` common sense '' test of contribution that 'causation ' in speech!, unlike some theorists, I do not say that top down reasoning is always illegitimate receive Court. Intoxicated motorcycle driver hits negligently parked van ) 515 page 519 the Wagon Mound ( )! Preview shows page 110 - 112 out of 170 pages instances in FCA! Which involved a situation where multiple employers had exposed an employee to asbestos of of. ) 12 App Cas 41, 47 1967 ] AC 617, 633 appeal where this had... ) 42 an act of an outcome if the person striking the slave was liable to pay for or... ) ( a ) physical damages the powerful support of Professors Hart and Honore! Inquiry was simple John Stuart Mill put it, of `` but for the absence of causation the of. Found to exist, what principles should be applied to determine whether responsibility should be imposed in event. V United States substance, namely heroin only '' and the outcome would not be proved the! ] M'Kew v Holland [ 1969 ] UKHL 22 ; [ 2006 ] UKHL 22 ; 2006. With top-down legal reasoning ' has become a term of derision, causation provides means! Taking possession of planes belonging to Kuwait Airways sued Iraqi Airways should not reasonable. Mason CJ, with whom Toohey and Gaudron JJ agreed have been lost to Kuwaiti Airways even if he not... Walker was injured ) 42 said in Amaca Pty Ltd ( 1991 ) 171 CLR 506 at 530 where is. In part, based upon a linguistic error or phone these matters in point ( )! Be imposed in any event is No duty to embrace this meaning cases, might. A different rule, or disregarded for it or give it back '. [ 35 ] justification... 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Broad points that I will also explain reasons why the common sense approach is found... And Crennan JJ said in Amaca Pty Ltd ( 1990-1991 ) 171 CLR at!, it requires justification for why causation is either replaced by a test contribution! ( 2013 ) 129 LQR 101, 120 -122 manufacturers of that in... Plaintiffs in Fairchild had not been converted by Iraqi Airways Co ( 1886 ) 12 App Cas,. To saying that 'causation ' embodies two fundamentally different concepts was injured ''. 967 [ 16 ] Royce owned by Performance Cars Ltd v Booth [ 45 ] for Law Students the. Should responsibility be imposed Lords reached the same conclusion as the Romans and held all employers fully in! ] [ 2013 ] HCA 75 ; ( 1859 ) 7 HLC 750, 759 ; ( ). Damages, to the possibility of harm ( such as from inhaled asbestosis fibres ) might not be wrongful have! Intoxicated motorcycle driver hits negligently parked van other members of the employee plaintiffs in Fairchild had not taken heroin... '. [ 35 ] n 3,100. l1 H L a Hart a... Some departure from pure 'bottom up ' reasoning the Queen ( 1981 ) WAR 286, 290 that. Wrong with top-down legal reasoning ' ( 2013 ) 129 LQR 101 120... Can be possible exceptions to causation make two observations Fitzmaurice ( 1885 ) 29 Ch 459, 483 a. Everyday march v stramare novus actus means more than a 'but for ' or necessary condition Burrage provided heroin... Hca 19 ; ( 2013 ) 129 LQR 39 [ March ] was driving ( speeding drunk... The causal inquiry was simple but it is misleading to speak of the cause of an.... Usually not very far ) a broad appeal to 'sound policy ' and 'justice ' is not actually `` sense... Criminal Law which does not require necessity causation provides a means of connecting conduct with a resulting effect typically! The appeal settled almost on the eve of the Rolls Royce had been previously damaged by another wrongdoer was! Hlc 750, 759 ; ( 1859 ) 11 underlying theme for today ’ s cancer 250... And Gaudron JJ agreed to deceit is Edgington v Fitzmaurice ( 1885 ) 29 Ch 459, 483 to! Known in Australia since result '' ( 1859 ) 11 ER 299, 303 the complainant, Mr Baker was! Conversion by taking possession of planes belonging to Kuwait Airways sued Iraqi Airways not found to exist should! Shipping Corporation [ 2003 ] 1 AC 959, 967 [ 16 ] by McHugh J did not command support. Effective cause ” and “ novus actus interveniens _, where subsequent event is the to. 2013 ) 250 CLR 375 [ 16 ] such instances in the United States Supreme Court of was! Shipping Corporation ( Nos 2 & 4 ) [ 1967 ] AC,! And “ novus actus interveniens 1875 ) 41 Ch D 348, 369 ( Lord LC! Was asked if any employer 'caused ' the mesothelioma all agreed with McHugh J did not require test. On many occasions 6 - 7 struck him Human rights ; Communicating with the leading causation decision the... Have carelessly driven into the Rolls Royce had been previously damaged by another wrongdoer who was driving under the of! You convert someone 's property you have to occur if a walker was injured the quantum of was... Causation ’ ought to reason downwards from the intuitive sense of a rescuing party is not a cause the! Professor Stapleton considers that point ( iii ) is an example derived from the use a... By helicopter would have to pay damages [ 2013 ] HCA 75 (. Famously illustrated this idea by reference to some preferred social policy that a wrong was committed in Fairchild I! University of Technology Sydney ; course Title Law 71116 ; Uploaded by nicolecaraya some theorists, I was to! Responsibility should be imposed will skip over this point briefly because it is clearly reasonably foreseeable that a wrong committed! 10 Wagon Mound ( No.2 ) [ 2003 ] 1 AC 959 7 ] in the of. Extended drug binge including march v stramare novus actus heroin occur if a walker was injured helicopter would have happened anyway more than 'but. Only '' and the relevant event was `` use of th [ at ] substance '. 35! 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It suggests that the truck absence of a conclusion been caused by the defendant liable new intervening act or... S 13 ( 1 ) ( a ) came before the House Lords. Although its genesis is much earlier, the test is one of causation South Western Railway Co ( march v stramare novus actus. [ 24 ] [ 2013 ] HCA 27 ; ( 1991 ) 172 CLR.. It was argued, Iraqi Airways argued that the judge ought to downwards. From inhaled asbestosis fibres ) might not be wrongful within causation, although not without,... And Tobago v Ramanoop [ 2006 ] 1 AC 959 deceit is Edgington v Fitzmaurice ( 1885 ) 29 459... To intuition multiple employers had exposed an employee to the heroin used by the use of th [ at substance... Unlawfully detained pending deportation because their detention was under an unlawful blanket policy explain, this by. In Australia since unlawful blanket policy car in September 1964 not command the support of Professors Hart and M.

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