Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Causation in Fact 8: Law Danial took his wife Sara out for a dinner on a Saturday night. They went to an Indian restaurant which

image text in transcribed
Causation in Fact 8: Law Danial took his wife Sara out for a dinner on a Saturday night. They went to an Indian restaurant which was located at a roadside. The restaurant owner had placed a few tables and chairs on a section of the road which was otherwise used for parking during the day. The couple sat at one of those tables because they like to eat in an open space. A lorry came and slowly passed by their place while releasing a thick grey exhaust smoke. The smoke burst to the direction of both Danial and Sara. Danial suddenly choke and coughed repeatedly. He asked for help as he could not breathe well. Sara, who was not seriously affected by the smoke, immediately took Danial to a hospital nearby. However, in the hospital, Sara felt a severe stomach-ache. She vomited several times and thereby suffered severe diarrhoea. In the hospital, the doctor diagnosed that Danial's condition was triggered by the gas substance from the lorry's exhaust. It affected badly on him due to his pneexisting pHEUIl'lOIlIEl. As for Sara, her stomachache could have been caused by several factors including the lorry's smoke and her allergy to the food she previously ate in the restaurant. In an action on negligence brought by both Danial and Sara against the lorry driver, the latter argued that he had not caused the injuries to the couple due to the absence of causation in law and causation in fact respectively. Discuss

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Civil Procedure

Authors: Stephen C. Yeazell, Joanna C. Schwartz

10th Edition

1454897880, 978-1454897880

More Books

Students also viewed these Law questions

Question

Do you prefer to schedule your classes in the morning? Yes No

Answered: 1 week ago