Unit 4 Cases

Question 1

Skosana

Answer 1

1) Application of conventional test for determining factual causation

Question 2

Bentley

Answer 2

1) Application of conventional test for determining factual causation

Question 3

mCubed International Ltd v Singer

Answer 3

misrepresentation & FC)

Question 4

Lee

Answer 4

1) Detained in max security prison for about 4.5 years
2) While in prison, became ill & diagnosed with TB
3) After release, instituted action for damages
4) Said D’s servants at prison, had by their conduct, caused him to become infected with
TB
5) Succeeded with claim in HC
6)HC decision overturned by SCA: FC not proved
CC:Did not exclusively use the but for test, Common sense was also used

Question 5

Carmichele

Question 6

Van Duivenboden

Answer 6

mentions conceptual hurdles; speculation… Court mentioned
that conceptual hurdles must not be unnecessarily / unduly exaggerated
Alternative Common-sense

Question 7

1) S v Van As

Answer 7

Neglected to search for children who fled into the night & later died of exposure
* Q: Deaths caused by omission to search?
But for test
Police were noy

Question 8

Gore

Answer 8

1) Application of the conditio sine qua non test
⚬ Matter of common sense
⚬ Way an ordinary person’s mind works
⚬ Background to everyday-life experiences.
* + . . . flexible and fact-sensitive approach

Question 9

Portwood v Svamvur

Answer 9

1) Where conditio sine qua non test does not provide a suitable outcome
2) use CS

Question 10

Midgley

Answer 10

1) is this alternative simply a variation of the common-sense approach?